Phorm again

[Nicholas Bohm]

Peter Fairbrother wrote:
> Charles Lindsey wrote:
>> On Sat, 08 Mar 2008 12:43:14 -0000, Kevin Townsend 
>> <kevjohn.townsend@btinternet.com> wrote:
>>
>>> Peter Fairbrother wrote:
>>>> Supposing that what Phorm, BT etc are proposing actually is illegal 
>>>> - and I can't see how it could not be - who should the crime be 
>>>> reported to?
>>>>
>>>> It's not the Interception of Communications Commissioner's job, nor 
>>>> the Intelligence or Surveillance Commissioners', to investigate. Nor 
>>>> is it the Tribunal's.
>>>>
>>>> So who do we report Phorm to?
>>>>
>>>>
>>>> -- Peter Fairbrother
>>>>
>>>>
>>> The ICO is already looking into it: 
>>> http://www.ico.gov.uk/upload/documents/pressreleases/2008/phorm_statement.pdf 
>>>
>>>
>> Though actually I suspect it is more likely to infringe RIPA than DPA. 
>> AFAICS, the more they tune it to avoid DPA, the more they will find 
>> themselves in RIPA difficulties.
>>
>> So I suspect the Interception Commissioner ought to be prodded to look 
>> into it (at least he could pass it on to some more appropriate 
>> authority, e.g. the Police, with more likelihood of being listened to 
>> than one of us). And the fact that the ICO is already looking at it, 
>> together with a suggestion that they should discuss it with each 
>> other, night help.
> 
> but the Interception of Communications Commissioner has no power to 
> investigate the matter - he is only concerned with the actions of people 
> authorised under RIPA to do interceptions eg the Police, egg marketing 
> board etc. (and the SoS). see RIPA s57.
> 
> He has no authority to investigate interceptions by IPSs etc. Nor does 
> the Tribunal.
> 
> In fact,as far as I can tell, no-one does - while the ICO do mention 
> that their duties include investigating DPA matters on their website, 
> they don't mention RIPA.
> 
>>
>> Perhaps FIPR should be the body to draw their attention to it?
> 
> 
> Better than Privacy International (spit!), but why them? and whose 
> attention should be drawn?

Interception is an offence under RIPA s1 and a prosecution requires the 
consent of the DPP under ss1(8).  If the ICO suspects that an offence is 
involved he should presumably report it to the police and copy the 
report to the DPP.  Anyone can, of course, but perhaps the ICO might be 
heard more plainly at a more senior level than most.

Nicholas
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