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.