Roland Perry - "is an ISP a 'Person'?"

[Peter Fairbrother]

Quentin Campbell wrote:
> {EU law quoted}
> As far as I am aware my University is exempt from this legal definition
> of "person". This may mean that the OIC's current interpretation of
> "interception" does not apply to us.

OIC quote: [using an automated] "virus checker operated by the data
controller is an interception by that legal entity be it business or
person."

So it seems the "data controller" gets it in the neck. Whoever or whatever
he might be.

I don't think the EU law is relevant, it's the more-inclusive meaning of
"person" as usually used in Acts of Parliament that's important. That would
include businesses and not-for-profit enterprises that are "bodies
corporate", but I don't know if it would include Universities.

But I have doubts whether a University is a "public communications service
provider" (they don't provide email accounts to the public, just to students
and staff, perhaps to associates etc), and if it isn't then that part of
RIPA wouldn't apply.

-- Peter Fairbrother

ps I am of the opinion that Roland is legally a person, but IANAL.