The RIP Act makes illegal the interception of communications,
such as telephone calls or e-mail, except in certain circumstances.
Under the Act, 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 such as national security, for the purpose of preventing
or detecting crime or preventing disorder, or in the interests of
public safety.
The new draft Code provides guidance on the procedures that must
be followed before access to communications data can take place
under the Act’s provisions. Yesterday’s release of the draft Code
of Conduct was required by sections of the Act that came into force
yesterday, although the main parts of the Act came into force in
October 2000. Failure to comply with the final Code will be taken
into account in proceedings under the Act.
The code covers any conduct in relation to a postal service or
telecommunication system for obtaining communications data and the
disclosure to any person of such data. The Code covers only
communications data, so does not cover the contents of the
communication itself, such as the contents of an e-mail.
Interception of content data would require an interception warrant
authorised by the Secretary of State.
In a statement, Home Office Minister Bob Ainsworth said
yesterday:
"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."
The consultation period on the draft Code will end on 2nd
November 2001.
The draft
Code of Practice is available on the Home Office web site
at.
Information on
how to comment on the draft Code.
