Feeds

Lambeth Labour party in email tapping row

Suspends councillor in leak probe

The Essential Guide to IT Transformation

Stanford and co-defendant George Liddell pleaded guilty to conspiring to intercept emails sent to Redbus chairman John Porter during a boardroom battle at the hosting firm back in 2003. Stanford argued the judge had misunderstood the law, but was later denied leave to appeal.

Experienced IT lawyer Dai Davis, of solicitors Brooke North, said the law in this area involves a complex mix of legislation including the Data Protection Act, the Regulation of Investigatory Powers Act and the Human Rights Act, as well as common law.

Davis explained that Abrams' situation most closely parallels a June 1997 case involving a senior police officer whose telephone calls from work were intercepted at a time when she was in dispute with her employers (Merseyside Police) over alleged sexual discrimination.  The European Court of Human Rights ruled against the UK government in that case (Halford v United Kingdom, 1997).

"The case was brought under the EU Human Rights legislation before we had a Human Rights Act in the UK," he explained. "It now forms part of the 'common law' as well as, in effect, being a precedent under the later Human Rights Act."

The case raises serious concerns about the willingness of a local council to authorise wiretapping on controversial grounds months after ministers acted to clip the wings of local authorities.

The number of local officials who can authorise surveillance operations was reduced last November. The decision by the Home Office to tighten regulations followed controversy over the use of the Regulation of Investigatory Powers Act (RIPA) by local authorities to investigate trivial offences such as littering and putting bins out on the wrong day.

In a statement Lambeth Council explained its email monitoring policies.

"We fully embrace the practice of openness and transparency in local government, however both officers and councillors are prohibited from disclosing without appropriate authority confidential information to third parties, and this is reinforced in the council's protocol governing the use of IT. That is why we - as is standard practice amongst both the public and private sector in complying with the government's information Security Standards - have an ICT protocol restricting what can and cannot be sent to third parties. This protocol applies to both staff and members and is expressly referred to when logging on to the Council's system to avoid any ambiguity.

"Where we suspect any non compliance by any officer or member there is an unqualified right to investigate the use of the council's IT systems which is sanctioned by the council's internal audit team," it added. ®

The Essential Guide to IT Transformation

More from The Register

next story
Just TWO climate committee MPs contradict IPCC: The two with SCIENCE degrees
'Greenhouse effect is real, but as for the rest of it ...'
'Blow it up': Plods pop round for chat with Commonwealth Games tweeter
You'd better not be talking about the council's housing plans
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
Adam Afriyie MP: Smart meters are NOT so smart
Mega-costly gas 'n' 'leccy totting-up tech not worth it - Tory MP
Yes, Australia's government SHOULD store comms metadata
Not because it's a good idea but because it already operates the infrastructure and processes to do it well
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.