RIP changes hit e-traders

The government is preparing to extend powers to access and intercept data related to the use of the Internet and mobile phones under the Regulation of Investigatory Powers (RIP) Act.

However, a leading IT lawyer said the move would add to the over-regulation of the IT sector that is already damaging UK industry.

Simon Halberstam, head of e-commerce and IT law at law firm Sprecher Grier Halberstam, said the government was putting UK business under an intolerable burden, and attacked the proposals because they would greatly increase the number of public bodies that could intercept details of telephone calls, emails and Web traffic. "The government's stated aim about making the UK a better place to carry out e-commerce is complete and utter rubbish," he said. "All the legislation that has come in the last few years, such as human rights, data protection and RIP legislation, has created a legislative environment that does not favour business."

The RIP Act is to be amended so that another 24 bodies, including district councils, local authorities and the Department of Health, will be able to gain access to Web and email data. Experts predict it could lead to a huge increase in the number of requests for information, which could include the name and address of users, phone numbers called, the source and destination of emails, the identity of Web sites visited and mobile phone location data.

The powers were previously limited to law enforcement agencies, intelligence agencies, the Inland Revenue and Customs & Excise.

Halberstam predicted that in information-sensitive businesses such as the law, many clients might be tempted to deal with companies outside Europe to ensure confidentiality.

A Home Office spokeswoman said agencies would only be given access to information in order to protect national security or to aid in the detection or prevention of crime, and their access would be carefully regulated. If approved, the powers are due to come into force on 1 August.

Have your say: contact IT Week