RIP interception rules still unclear

The UK government plans to lengthen the consultation period for the Regulation of Investigatory Powers (RIP) Act, following confusion over companies' powers to intercept internal email.

The Department of Trade and Industry (DTI) this week confirmed that, under the Act, firms are entitled to intercept staff communications when they are ill or on holiday, as long as the employee has given their permission.

A DTI spokesman said that this had always been the intention, despite weekend press reports of a climb down on the issue. "The Act allows interception where the interceptor has reasonable grounds to believe both the sender and the recipient have consented," he said.

"I always recommend to clients that they tell staff they reserve the right to intercept email," said Philip Ryan, head of information security at consultancy Peapod. This consent can be sought in a staff handbook to be signed when an employee joins an organisation.

The Act, which comes into effect in October, defines the law on intercepting internet traffic and other communications. It has been criticised by the IT industry both for its cost of implementation and for being stricter than regulations in most other industrialised countries.

The Confederation of British Industry said it had asked for clarification of the issue, and would welcome this confirmation.

Caspar Bowden, director of think tank the Foundation for Internet Policy Research, said the confusion over this issue was unsurprising. "You can't really blame people for acting like headless chickens given the ridiculously foreshortened consultation period," he said.

This four-week period was due to end on Friday and the DTI is expected to announce that this will be extended, subject to agreement from the Home Office.

First published in Computing