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UK: Legal fears over e-mail tapping

http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3BFJOX66C


Legal fears over e-mail tapping

By Jean Eaglesham, Legal Correspondent - 23 Mar 2000 22:21GMT

Government changes to a new law allowing officials to bug and tap e- mails and mobile phones are insufficient to comply with human rights, according to a new legal opinion.

The Regulation of Investigatory Powers bill, "on the face of it breaches the new Human Rights Act on several grounds", said Tim Eicke, a barrister and author of the opinion.

[...]

He said the courts would weigh up the "credibility" of the person charged - genuine excuses had to be balanced against a "criminal who pretends to forget".

The Foundation for Information Policy Research attacked this approach. "The question of the reversal of proof has been festering for eight months," said Caspar Bowden, the foundation's director. "It is time for the Home Office to give a reasoned explanation of how an innocent person who has forgotten their key can be expected to prove this."


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