Comms data requests by C&E & the Inland Revenue

[Peter Fairbrother]

Richard Clayton wrote:

> 24 Jul 2002 : Column 1497W
> 
> Harry Cohen: (1) To ask the Secretary of State for the Home Department
[snip]
> (2) if he will introduce an amendment to (a) the Regulation of
> Investigatory Powers Act 2000 and (b) the Code of Practice in relation
> to Communications Data to prohibit the subsequent onward disclosure of
> communications data to third parties which are not authorised directly
> by him to receive such data; and if he will make a statement. [59264]

I'm still keeping my powder dry, but as someone else has (nearly?) noticed
this one, and I don't know if it will turn out to be a damp squib anyway:

There is no offence in RIPA of telling someone a comms data request has been
made. I don't see how there could be an offence under DPA, and I don't know
of any other relevant legislation - there might be something about
interfering with the Police or something, IANAL. CSP's have no duty under
RIPA to keep requests for comms data from their subscribers.

So if you want notification of comms data accesses then just put it in your
contract with your CSP. Make them tell you immediately.

Nothing in a CoP can change that, primary legislation would be needed...



-- Peter Fairbrother


(Damn, I was going to offer to bet Simon a case of beer/ a bottle of good
Scotch - do you think he'd still take the bet?)