Government black boxes will 'collect every email'

[Clive D. W. Feather]

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In article <TG4X3VVW6FGJFAN8@highwayman.com>, Richard Clayton 
<richard@highwayman.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 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...

Possibly.

The test in s.29 is "would be likely to prejudice any of the matters" 
not "reasonably believes that ... it would be likely to prejudice ...". 
Thus if it turns out that the disclosure would not have prejudiced the 
matters (because, for example, the police had other convenient ways to 
identify the person) then the ISP is liable. Even if the police told 
them it was necessary.

Hence:

>Small wonder then that the Communications Service
>Providers prefer a statutory duty to provide comms data to the previous
>regime.

- -- 
Clive D.W. Feather                       | Home: <clive@davros.org>
Tel: +44 20 8495 6138 (work)             | Web:  <http://www.davros.org>
Fax: +44 870 051 9937                    | Work: <clive@demon.net>
Please reply to the Reply-To address, which is:  <clive@davros.org>

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