RIP Act guidance set for public consultation
The Home Office has published a draft Code of Practice on Accessing Communications Data using the Regulation of Investigatory Powers Act (RIPA), for public consultation.
The Code of Practice will govern the conduct of law enforcement and public bodies when obtaining information relating to the use of postal or telecommunication services.
The draft document explains: 'Communications data is information relating to the use of a postal service or telecommunication system but does not include the contents of the communication itself, contents of e-mails or interactions with websites.
'The Act updates and increases the safeguards on obtaining communications data. In future, in order to obtain data an authorised person must meet a test of necessity and consider the conduct involved to be proportionate. Data may only be sought if necessary for specific purposes. For example:
In the interests of national security;
For the purpose of preventing or detecting crime or preventing disorder;
In the interests of public safety.'
Bob Ainsworth, Home Office Minister, said: "Communications data can be an important tool in the fight against serious crime, for example providing evidence or intelligence on the activities of paedophiles or narcotics smugglers. It is vital that law enforcement and other public bodies can access communications data, ensuring that criminals do not have a technological advantage over those trying to enforce the law.
"Equally, we must ensure that such access is proportionate to the threat and highly regulated, and RIPA introduces, for the first time, strong statutory safeguards to govern this. For an action to be necessary in a democratic society it must pursue a legitimate policy aim, fulfil a pressing social need and above all be proportionate to that policy aim.
"As we implement the Act's provisions, we are working with communication services providers to ensure that they are enacted in partnership with them. Today's consultation reiterates our commitment to consult in this important area. We welcome comments on all aspects of this draft code from industry, law enforcement agencies and anyone else who has a view on its implementation."
UKTECH asked the Home Office how seriously it would take communications it received from the public before the end of the consultation period on 2 November 2001 for the Code of Practice.
A spokesman answered, "Everyone's considered. We'll always take on board those with a stake in the legislation and those set to be affected by it. The Bill could quite easily be amended to take into account the concerns of those who have an interest in it."
Anyone interested in adding their voice to the Home Office's public consultation should write to:
RIPA Team
Home Office
50, Queen Anne's Gate
London SW1H 9AT
A summary of responses will be published on the Home Office's website at the end of the consultation period.
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Richard Powell, UKTECH