BBC News - 'Fresh proposals' planned over cyber-monitoring

[Andrew Cormack]

> -----Original Message-----
> From: ukcrypto-bounces at chiark.greenend.org.uk [mailto:ukcrypto-
> bounces at chiark.greenend.org.uk] On Behalf Of Roland Perry
> Sent: 23 May 2013 22:44
> To: ukcrypto at chiark.greenend.org.uk
> Subject: Re: BBC News - 'Fresh proposals' planned over cyber-monitoring
> 
> >If the police are able to persuade the telco that it is an emergency,
> >then there is an exception in the DPA for that
> 
> There's no DPA 1998 exemption for "life at risk/preventing injury",
> whereas DPA 1984 had 34(8). It was also initially overlooked in RIPA (I
> think it was amended fairly recently), because the police were only
> able
> to get information if investigating a crime, and being in danger isn't
> a
> crime.
> --
> Roland Perry

I think the amendment is The Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006 (SI 2006/1878) or The Regulation of Investigatory Powers (Communications Data) Order 2010 (SI 2010/480). The latter says:

2.  The following additional purposes are specified for the purposes of section 22(2) of the Act (to the extent that they do not fall within paragraphs (a) to (g) of that provision)-
(a)to assist investigations into alleged miscarriages of justice;
(b)where a person ("P") has died or is unable to identify themselves because of a physical or mental condition-
(i)to assist in identifying P, or
(ii)to obtain information about P's next of kin or other persons connected with P or about the reason for P's death or condition.

[http://www.legislation.gov.uk/uksi/2010/480/article/2/made]

Andrew
--
Andrew Cormack
Chief Regulatory Adviser, Janet
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