Government black boxes will 'collect every email'

[Richard Clayton]

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In article <nejU1HKYlCGJFAaK@perry.co.uk>, Roland Perry <lists@internetp
olicyagency.com> writes

>The original law, which would work just as well today, and is no longer 
>within the Home Office's portfolio, is the Data Protection Act - and 
>it's exemption for releasing data in pursuit of "the apprehension or 
>prosecution of offenders".

The exemption is merely that it is not an offence under the Data
Protection Act for a Data Controller to release personal data if the
release is made for this (and various other) reasons.

It is not in any way "carte blanche"!

>I don't think the Egg Marketing Board ever had powers to obtain Comms 
>Data under RIPA - but it would do under DPA 29(3).

It remains the case today that a Data Controller may choose to release
information to the Egg Marketing Board, for appropriate reasons, and s29
will ensure that they cannot be prosecuted under the DPA...

... however, the data may well be subject to Common Law notions of
confidentiality viz: a civil case could be brought if the data was
released -- and the case law is so complex that even the old adage
"there is no confidentiality in iniquity" looks a bit careworn.

There may also be contractual impediments to releasing the data...

.. which all means that the Data Controller is taking a risk in
releasing data; the size of that risk varying considerably depending
upon the facts of the case; and they may well not be privy to many of
those facts.   Small wonder then that the Communications Service
Providers prefer a statutory duty to provide comms data to the previous
regime.

- -- 
richard                       writing to inform and not as company policy

"Assembly of Japanese bicycle require great peace of mind" quoted in ZAMM

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