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Written question asked by Harry Cohen (Labour) on Tuesday, 22 October 2002, in the House of Commons. It was due for an answer on Wednesday, 6 November 2002. It was answered by Lord Blunkett (Labour) on Wednesday, 6 November 2002 on behalf of the Home Office.


Home Office

Question
To ask the Secretary of State for the Home Department, what guidance he has issued to public authorities about the procedures for the collection of communications data under the Regulation of Investigatory Powers Act 2000 with regard to industrial action; and if he will make a statement.
Answer

Harry Cohen: To ask the Secretary of State for the Home Department, what guidance he has issued to public authorities about the procedures for the collection of communications data under the Regulation of Investigatory Powers Act 2000 with regard to industrial action; and if he will make a statement. [77240] Mr. Blunkett: The access to communications data provisions in the Regulation of Investigatory Powers Act (RIPA) have not yet been implemented. I will be bringing forward new proposals in relation to any additional public authorities under Chapter II of Part I of RIPA following detailed public consultation. However, the RIPA does not provide for access to communications data for purposes relating to industrial action. A strict test of ``necessity'' must be met before any communications data is obtained under RIPA. An authorising officer must not only consider the communications data to be necessary but must also consider the conduct involved in obtaining the communications data to be ``proportionate'' to what it seeks to achieve. The grounds on which it is necessary, for example, include: in the interests of national security; for the purpose of preventing or detecting crime or of preventing disorder.


Secondary information

Type
Written question
Reference
77240; 392 c313-4W;392 c332W
Session
2001-02
Subjects
Electronic surveillance Industrial disputes Privacy Telecommunications
Legislation
Regulation of Investigatory Powers Act 2000
Link
View this Written question on www.publications.parliament.uk