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Authority given for Wireless Telegraphy Interception for Commercial Gain?
Paul Hancocks made this Freedom of Information request to Home Office
The request was successful.
From: Paul Hancocks
17 February 2009
Dear Sir or Madam,
Under the FOI Act I am writing to ask for information.
I see in the following text within the Wireless Telegraphy Act 2006
(Section 48):
(1) A person commits an offence if, otherwise than under the
authority of a designated person—
(a) he uses wireless telegraphy apparatus with intent to obtain
information as to the contents, sender or addressee of a message
(whether sent by means of wireless telegraphy or not) of which
neither he nor a person on whose behalf he is acting is an intended
recipient, or
(b) he discloses information as to the contents, sender or
addressee of such a message.
It appears that in addition to the businesses such as BT plc who
operate fixed line services, mobile telephone communication
providers are now also actively intercepting the communication of
their customers, without legal authority.
According to the above act it would seem to be an offence to do so,
unless this is done with the authority of a designated person.
So my question is this: Has a designated person within your
department (i.e. the Home Office) given such authority to any
provider of wireless telegraphy services, so that they may
intercept private communication between their customers and the
people or systems that their customers communicate with?
My question is specifically not in relation to interception for the
purpose of criminal or security services investigations.
Thank you
Yours faithfully,
Paul Hancocks
Home Office
19 February 2009
Reference : T3091/9
Thank you for your e-mail enquiry of 17/02/2009 20:41:48
A reply is attached.
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