View Single Post
Old 19-07-2008, 01:03   #12242
oblonsky
Inactive
 
Join Date: Apr 2008
Posts: 86
oblonsky has a spectacular aura about themoblonsky has a spectacular aura about themoblonsky has a spectacular aura about themoblonsky has a spectacular aura about them
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by rryles View Post
The administrator only has access to the communications data if either:

a) the automated system keeps records of the raw unprocessed data
b) he alters the system so that it keeps records of the raw unprocessed data or forwards them in real time.

Unless and until one of these is true, I don't see it being an interception under the technical definition of RIPA.

(On a side note, I doubt phorm where that careful when they designed the system they used for the trials, but that could be hard to prove either way now)
The raw data is irrelevant in many respects. If the derivative could not be produced without access to the intercept data then it is intercept, clear and simple. IANAL but I know many good ones,
oblonsky is offline