tag:blogger.com,1999:blog-16688455.post7630080740172810496..comments2024-03-18T09:13:19.346+00:00Comments on panGloss: The Idiot's Guide to Why Voicemail Hacking is a Crimepanglosshttp://www.blogger.com/profile/00900934369744270540noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-16688455.post-12112637208675780802011-08-17T13:18:46.187+01:002011-08-17T13:18:46.187+01:00Pangloss,
RIPA is focused on privacy/communicatio...Pangloss,<br /><br />RIPA is focused on privacy/communications secrecy -right that stands while communications is being accomplished-, nor in privacy/data protection.<br /><br />Besides the cases of died people voicemail accessed and deleted -although his/her familiy members can asked for injustion as long as their privacy/familiar privacy has been violated-, Data Protection Act should also apply: <br /><br />(1)A person must not knowingly or recklessly, without the consent of the data controller—<br /><br />(a)obtain or disclose personal data or the information contained in personal data, or<br /><br />(b)procure the disclosure to another person of the information contained in personal data.<br /><br />And in this case there is no way to pretend that the special purpose of journalism was valid:<br /><br />(1)Personal data which are processed only for the special purposes are exempt from any provision to which this subsection relates if—<br /><br />(a)the processing is undertaken with a view to the publication by any person of any journalistic, literary or artistic material,<br /><br />(b)the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and<br /><br />(c)the data controller reasonably believes that, in all the circumstances, compliance with that provision is incompatible with the special purposes.<br /><br />RegardsÁlvaro Del Hoyohttps://www.blogger.com/profile/01953024271095733531noreply@blogger.comtag:blogger.com,1999:blog-16688455.post-22980151710854124562011-07-28T17:12:21.602+01:002011-07-28T17:12:21.602+01:00@Matthew that is a very good point re deletion - o...@Matthew that is a very good point re deletion - of course evidence is the problem -- but we have some pretty expansive decisions on that because of people deleting child porn on their PCs..panglosshttps://www.blogger.com/profile/00900934369744270540noreply@blogger.comtag:blogger.com,1999:blog-16688455.post-50487117885244209862011-07-24T18:53:05.222+01:002011-07-24T18:53:05.222+01:00Of course, what you should be doing is getting som...Of course, what you <strong>should</strong> be doing is getting some relaxation in before the evil students return but ...<br /><br />Deleting any voicemail, unless authorised, would surely also be a s3 CMA90 offence?<br /><br />"<i>(2)This subsection applies if the person intends by doing the act—<br /><br />...<br /><br />(b)to prevent or hinder access to any program or data held in any computer;</i>"<br /><br />And that's up to 10 years on indictment!Matthew Pemblehttps://www.blogger.com/profile/07877145107761789183noreply@blogger.com