Regulation of Investigatory Powers Act (2000) commentaryby James Hammerton |
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Everyone has the right to respect for his private and
family life, his home and his correspondence. Index
SummaryThe RIPA allows the government to access a person's electronic communications in a very unrestricted manner, thus infringing in the privacy of their correspondance in a manner many would not tolerate regarding their postal communications. The act:
enables mass surveillance of communications in transit; enables the government to demand ISPs fit equipment to facilitate surveillance; enables the government to demand that someone hands over keys to protected information; allows the government to monitor people's internet activities; prevents the existence of interception warrants and any data collected with them from being revealed in court
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The government can access internet
traffic data The problem with this is that it enables the electronic equivalent of putting someone on surveillance for any reason whatsoever. The listed reasons are all vague and if that doesn't cover it the Home Secretary can authorise it for his own reasons anyway. The state can thus gather information such as what websites you visit and when, who you email, who emails you, what newsgroups you read, all the phone numbers you call, what software you've downloaded, what documents you've downloaded, where and when you log on to a machine and from where you logged on, etc. Essentially any government department or any police officer can demand this information, as long as it is deemed to be required under the grounds listed above. Sections 21 to 25 detail how communications data can be accessed and what is regarded as communications data.
It is illegal for surveillance data to be used in legal
proceedings The main objection here is that if someone has illegitimately been the subject of an interception warrant there is no legal way for them to know about it (except through investigation by a tribunal and very limited circumstances). See section 17 of the act describes the exclusions discussed above. Sections 65-70 describe a tribunal that can investigate the use of interception warrants, however any complaints must be made within a year for this to occur. James Hammerton |
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email feedback@magnacartaplus.org © magnacartaplus.org 2000, 12 September the address for this document ishttps://www.magnacartaplus.org/https://www.magnacartaplus.org/bills/rip/index.htm 1445 words
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