Data retention directive "invalid"
lists at internetpolicyagency.com
Fri Apr 11 20:44:50 BST 2014
In article <5347F690.8090603 at zen.co.uk>, Peter Fairbrother
<zenadsl6186 at zen.co.uk> writes
>On 11/04/14 14:48, Roland Perry wrote:
>> In article <5347E59D.30904 at zen.co.uk>, Peter Fairbrother
>> <zenadsl6186 at zen.co.uk> writes
>>>> Describing as either "distribution" or a "contract" is wrong.
>>> I'm pretty sure there are contracts between the Home Office and the
>>> SPOCs regarding eg payments for storing data, payments for access to
>>> stored data, and so on.
>> SPoCs are employed by the police to format requests made under RIPA (and
>> maybe other laws too).
>> Their opposite numbers within industry are generally known as "police
>> liaison units".
>Thanks, I didn't know that.
>But I'm pretty sure they have some sort of contract or agreement with
>whoever pays them.
There's a cost recovery framework that some have agreed with the Home
Office, but I wouldn't call it a contract.
>>> Ok, I'll rephrase - an ISP doesn't have to give Plod data for criminal
>>> investigation purposes even if the paperwork is otherwise fine and
>>> RIPA says they have to, because that would be disproportionate.
>>> That any better?
>> No, the proportionality test only applies to the request, not the reason
>> they might have had the data to start with.
>If you mean the proportionality test specified in RIPA, yes perhaps.
>Though even that applies only to each individual request, and is not as
>objective as the UCJ would like, as it's just the opinion of the
It's usually the opinion of the SPoC and the requesting officer, as well
as the countersigning officer.
>However there is also a wider test, which includes the entire regime,
>and which actually applies to almost everything. It was under this
>wider test that the Directive was made invalid,
Ho, because that was about retention, not disclosure.
> and there is a very good case to say that the relevant parts of RIPA
>are also invalid, and for the same reason - they are a disproportionate
>interference with Article 8 rights.
RIPA was introduced expressly to address the ECHR concerns, that's what
the "R" is - "Regulation of". The proportionality aspect of disclosure
can of course be questioned, but that's an entirely different exercise
to the current Data Retention issue.
>It's not just the Directive or the Regulations which have been cast
>into doubt or darkness, the ATCSA CoP and parts of RIPA (and some other
>laws too, I'm sure) are also in question as well.
That's a bit of a stretch.
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