Quote:
Originally Posted by jelv
Has anyone requested the ICO write to the police clarifying their responsibilities?
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According to The Interception of Communications Commissioner, it is their responsibility to "Keep under review the excercise and performance by the Secretary of State [Home Office I presume] and others of powers and duties imposed on them by the Act"
Therefore
I think it is the Home Office's task to direct Police Chief Constables on their responsibilities. And if we find that we're getting nowhere it is back to The Commissioner as they have to review what's going on according to their role as defined in RIPA s57(2) (which I have not read yet and don't have time to do right now - arrgh!)
Hank
---------- Post added at 14:13 ---------- Previous post was at 14:10 ----------
Quote:
Originally Posted by madslug
When I spoke with Ms Plod, I was asked if I could provide evidence of a crime. BT have offered a very good catch 22 situation - they claim to not know who was profiled so are unable to provide IP address range data (possible DPA restrictions?). Everyone with access logs for that period could be sitting with all the proof that Plod requires to prove the case yet Plod is not prepared to initiate a case and require BT/Phorm/121Media to provide logged evidence unless there is a strong likelihood of success.
Is admission of a crime over a public media permissible evidence in Court?
What about the published opinion by out-law that it was only a 'technical breach' which did not cause harm to anyone?
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Well the leaked report says they intercepted the communications to see what their customers were doing. It says that thay did it without telling (or ASKING) customers. And it does not say that they had a legal warrant/authority from a court. Ergo, illegal interception. So the Police should request an original copy of that report from BT (leaked one is undoubtedly real but probably does not count), review it and inerview Emma or someone else to see if they had a legal warrant to do it. That's the evidence needed by the CPS, isn't it?
They did it. They were not told to. They did not ask to. Illegal under RIPA.