No hiding place for fly tippers

[Peter Fairbrother]

Roland Perry wrote:
> In article <47A4BAAD.3010603@zen.co.uk>, Peter Fairbrother 
> <zenadsl6186@zen.co.uk> writes
>> Roland Perry wrote:
>>> In article <47A49218.7090803@zen.co.uk>, Peter Fairbrother 
>>> <zenadsl6186@zen.co.uk> writes
>>>>>  Who is asking you to explain, when local authorities can't access 
>>>>> that  data?
>>>>
>>>> Why can't they access it?
>>>  Wrong sort of authority and person.
>>>  As tracked by this kind of SI (others can no doubt quote chapter and 
>>> verse): http://www.opsi.gov.uk/si/si2005/20051083.htm
>>
>> Possibly: The Regulation of Investigatory Powers (Communications Data) 
>> Order 2003; http://www.opsi.gov.uk/SI/si2003/20033172.htm ?
>>
>> Part 2 of Schedule 2 of the Order only authorises the types of 
>> communications data demandable by "additional public authorities" to 
>> be data defined under ss. 21(4)(b) and 21(4)(c).
>>
>> It's worth looking at s.21(4) again:
>>
>> "(4) In this Chapter “communications data” means any of the following—
>>
>> (a) any traffic data comprised in or attached to a communication 
>> (whether by the sender or otherwise) for the purposes of any postal 
>> service or telecommunication system by means of which it is being or 
>> may be transmitted;
>>
>> (b) any information which includes none of the contents of a 
>> communication (apart from any information falling within paragraph 
>> (a)) and is about the use made by any person—
>>
>> (i) of any postal service or telecommunications service; or
>>
>> (ii) in connection with the provision to or use by any person of any 
>> telecommunications service, of any part of a telecommunication system;
>>
>> (c) any information not falling within paragraph (a) or (b) that is 
>> held or obtained, in relation to persons to whom he provides the 
>> service, by a person providing a postal service or telecommunications 
>> service."
>>
>> I guess location data is 21(4)(a).
>>
>> Good to know why (and good to know how they differentiate, which I 
>> hadn't known before).
> 
> I cannot tell what point you are trying to make. Even if you are 
> agreeing or disagreeing (and with what).

Sorry, I guess I was a bit too terse.

What I meant was that it was good to know why Councils could not get 
mobile location data (because it is in 21(4)(a), and they aren't 
authorised to get 21(4)(a) data, only 21(4)(b) and 21(4)c) data).

Also it's good to know how (and even that) "they" (the HO I guess) 
differentiate between location data and other types of communications data.

Which I had not known before, and which I don't think many of the other 
people on the list were aware of either.


- Peter Fairbrother