Originally Posted by AlexanderHanff
Actually it is nothing to do with RIPA as RIPA covers interception. the regulations which cover recording phone calls are DPA not RIPA and DPA does not include organisations/companies or public authorities, only individuals. I did my home work on this before recording the call.
Ofcom's consumer advice indicates it is covered by RIPA http://www.ofcom.org.uk/static/archi...qs/prvfaq3.htm
Here's a quote about Ian Blair's recordings from http://www.out-law.com/page-6730
According to Fiona Caskey, an Associate with Pinsent Masons, the law firm behind OUT-LAW.COM, since Lord Goldsmith was not aware that the conversation was being recorded it is possible that the recording was unlawful under RIPA and in breach of the first principle of the DPA.
“The definition of intercepting a communication under section 2 (8) of RIPA is broad enough to cover recording a telephone conversation so as to make it available subsequently.
For the purposes of this section the cases in which any contents of a communication are to be taken to be made available to a person while being transmitted shall include any case in which any of the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently.
Anyway, I note according to http://security.homeoffice.gov.uk/ripa/about-ripa/
RIPA also covers "access to electronic data protected by encryption or passwords" - Presumably one good reason why Phorm will not be profiling sites using HTTP Basic access authentication.
EDIT: Ah, having just glanced though the ACT I see it is only regards compelling the disclosure of Passwords.
Yet here http://www.telegraph.co.uk/news/2559...-internet.html
a Phorm spokesman is quoted as saying
"There are many things that consumers take for granted that rely on cookies, for example passwords to enter certain sites, or even that when you go to Amazon you don't have to sign in and that the site remembers your address.
"Turning cookies off makes using the internet a more frustrating experience."