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Draft rules to allow businesses to monitor communications

OUT-LAW News, 02/08/2000

Patricia Hewitt, Minister for E-Commerce and Small Business, yesterday launched a public consultation exercise on draft rules to allow businesses to intercept communications without consent, being made under the controversial Regulation of Investigatory Powers Act which was passed last week.

Ms Hewitt said:

"This consultation document requests comments on draft Lawful Business Practice Regulations which will allow businesses to intercept communications without consent for certain evidentiary purposes. The regulations will make it easier for businesses to maintain essential records of transactions and other communications conducted by electronic means such as telephone or e-mail."

In a statement, the government said it acknowledged that businesses need to be able to intercept communications in order to conduct legitimate practices such as keeping records of transactions, protecting their networks from viruses or hackers, and ensuring that they comply with regulatory rules.

The draft Regulations will:

  • allow businesses and public authorities to intercept electronic communications for a range of evidentiary purposes without the consent of callers; and
  • allow charities to monitor, but not record, calls made to their helplines.

If businesses wish to intercept communications for purposes not included within the regulations, they would need to gain the consent of callers, in terms of the Regulation of Investigatory Powers Act.

A full public consultation document is available from the DTI website. The government is looking for consultation responses by 25th August 2000.

 

 

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