|
Regulation of Investigatory Powers Act (RIPA) 2000
Reference: http://www.fipr.org/rip/ripa2000.htm
Description
The Act relates to interception, or monitoring of electronic communications. It also addresses access to information protected by encryption. Lawful access to communications requires an interception warrant. Unlawful monitoring of communications on a public, or private network is a criminal offence. In a private organisation the network may be monitored by individuals with the authority to do so, but a civil offence may be committed unless the monitoring was for several specific business related purposes and for which consent was provided by the user. The allowed business related purposes are described in the “Lawful Business Practice” regulations.
The Telecommunications (Lawful Business Practice) (Interception of Communications) regulations 2000
Reference: http://www.hmso.gov.uk/si/si2000/20002699.htm
Description
These regulations are a statutory instrument related to the RIPA, and provide a framework under which employers may be allowed to monitor the communications of their employees taking place over networks owned or controlled by the employer. An employer can monitor employee communications without consent in order to manage the operation of their networks, ensure transactions comply with regulatory requirements, or corporate policy, and to detect crime or unauthorised use.
Data Protection Code Part 3: Monitoring at Work
Reference http://www.informationcommissioner.gov.uk/
Description
The Act helps employers to comply with the Data Protection Act, and adopt good business practices whilst maintaining their business and using monitoring as part of this. It is intended to be consistent with other legislation including the human Rights Act 1998 and Regulation of Investigatory Powers Act 2000.
Human Rights Act 1998
Reference http://www.hmso.gov.uk/acts/acts1998/19980042.htm
The incorporation of Article 8 of the European Convention on Human Rights into UK law under the Human Rights Act 1998 creates a general right to respect for privacy where none previously existed. Article 8 offers general protection for a person's private and family life, home and correspondence from arbitrary interference by the State. The Human Rights Act is related to other Acts in the areas of right to privacy.
Protection from Harassment Act 1997
Reference http://www.hmso.gov.uk/acts/acts1997/1997040.htm
This act makes it a criminal offence to pursue a course of conduct, which amounts to harassment of a person. This Act also enables a person to obtain a civil court injunction to stop harassment occurring and to claim damages where appropriate. This legislation can provide protection in cases of misuse of email such as involving harassment or bullying at work.
Malicious Communications Act 1988
Reference http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880027_en_1.htm
This makes it an offence to send a letter or other article which conveys an indecent or grossly offensive message or a threat, or which contains information known to be false and the purpose of the letter is to cause distress or anxiety. The category of communications under this Act has now been expanded - by virtue of the Criminal Justice and Police Act 2001 - to include electronic communications or articles of any description. This new definition will cover hate telephone calls, emails or text messages. This Act cover similar area to the Telecommunications Act 1984 – which in turn supports the Obscene Publications Act 1959.
Protection of Children Act 1978
Reference http://elj.warwick.ac.uk/jilt/internet/97_1akdz/akdeniz.htm#4.1.1
The definition of "photograph" given in section 7(4) of the 1978 Act now includes photographs in electronic data format following the amendments made by section 84 (4) of the Criminal Justice and Public Order Act 1994. Possession of such material is an offence, in contrast with other acts in which the transmission of obscene images is an offence.
Computer Misuse Act 1990
Reference http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900018_en_2.htm
The Computer Misuse Act 1990 states that it is illegal to obtain unauthorised access to any computer or to modify its contents. Three criminal offences are defined in the act, namely:
- Unauthorised access to computer material,
- Unauthorised access with intent to commit or facilitate commission of further offences; and
- Unauthorised modification of computer material.
|
