Quote:
Originally Posted by Hank
Sir Norman Bettison
Chief Constable West Yorkshire Police
West Yorkshire Police Headquarters
PO Box 9
Wakefield
WF1 3QP
26th May 2008
Dear Sir Bettison
BT plc - Interception of communications, contrary to RIPA 2000
In the Hansard publication within the last week that there is a response to a 'Question for Written Answer' from the Earl Of Northesk. A Home Office parliamentary under secretary, Lord West of Spithead, states that suspected breaches of the Regulation of Investigatory Powers Act 2000 would be investigated by the police.
It is for this reason that I write to you. I wish to report what appears to be a crime by a corporate body who has offices within our county. This needs to be investigated so that any evidence found can be passed to the Crown Prosecution Service.
...
Yours sincerely
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I've received a reply on bahalf of our Chief Constable and I will quote the important part:
Quote:
I have noted your comments in relation to the interception of communications at this time would confirm that all matters in respect of alleged breeches of communications are dealt with by The Interception of Communications Commissioner. Should you wish to write direct the address is:
The Interception of Communications Commissioner
c/o 2 Marsham Street
LONDON
SW1P 4DF
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So... if anyone does want to report the BT trials of 2006 & 2007, where they intercepted the communications of thousands of their customers without their customers' permission and without legal warrant requiring them to do so, contrary to RIPA 2000... confusion still reigns despite the assurances of Lord Spithead!!
I think this has been covered here before...
What is the IoCC responsible for doing? Here's the Government web page info on their role:
http://www.ipt-uk.com/default.asp?sectionID=8&chapter=2
Now, as I read all this:
1) There does not seem to be an investigatory role listed for the IoCC if a corporate body has apparently broken the law according to the bounds of RIPA 2000. So I question if writing to them will achieve anything (considering the Spithead Home Office answer already given)
2) Lord Spithead said the Police would investigate suspected breeches of the law according to RIPA 2000
3) Our local Police service are saying "No, it is not for us to do this"
So following Lord Northesk's question and the answer which that illicited, either the Home Office answer is an untruth or it isn't an untruth... and if it isn't, then what happens now? Where does that leave this thorny question of BT and ignoring the requirements set out in RIPA 2000?
I've decided to forward my letter and a copy of the response to Lord Spithead and ask what he thinks of it in relation to his Hansard recorded answer and I will cc David Carnegie (the Earl of Northesk) - see what happens next.
If anyone wishes to write to the IoCC it probably can't do any harm!!
Hank
EDIT 17:43
- The Earl of Northesk asked Her Majesty's Government:
Which law enforcement agency, department or other statutory body has responsibility for investigating and prosecuting possible criminal breaches of (a) the Data Protection Act 1998, (b) the Regulation of Investigatory Powers Act 2000, and (c) the Computer Misuse Act 1990. (HL3267)
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): (a) Investigation of breaches of RIPA would be investigated by the police
or other relevant law enforcement agency; any subsequent prosecution would be taken forward by the CPS or other relevant prosecuting agency.
Is the Interception of Communications Commissioner the "other relevant law enforcement agency" ??
All write please
