Reply from the DTI re RIPA Part III consultation with the Home Office
The Department of Trade and Industry have replied to our FOIA request about the RIPA Part III consultation, just within the statutory 20 working days.
Still no news from Her Majesty's Treasury.
The DTI mention a meeting with the Home Office the 30th of July, but they probably mean June.
Would this meeting have taken place anyway, or would the topic of the potential business impact of the Code of Practice on the legal definition of an Electronic Signature, have been on the agenda for this meeting, had there not been a Freedom of Information Act request to prompt it ?
This possible aspect of FOIA requests does not seem to have been discussed much.
The rely:
[address]Department of Trade and Industry
Business Group
BPR 213 151
Buckingham Palace Road London SW1W 9SS
Direct Line +44 (0)20 7215 1961 Fax +44 (0)20 7215 1966
Minicom +44 (0)20 7215 6740
Enquiries +44 (0)20 7215 5000 www.dti.gov.uk AAA.BBB@dti.gsi.gov.uk12th July 2006
Dear Mr XXX
I am writing to confirm that the Department for Trade and Industry has now completed its search for information concerning the Public Consultation and Draft Code of Practice for the Regulation of Investigatory Powers Act 2000: Part III Investigation of Electronic Data Protected by Encryption. In detail you asked for:
- What discussions or consultations or meetings has the Department for Trade and Industry had with the Home Office Covert Investigation Policy Team ?
- What is the view of the Department for Trade and Industry on this matter ?
- Will the DTI be making a submission to this Home Office Public Consultation ?
We have had informal discussions with the Home Office on several occasions since the passage of RIPA about the timing of this consultation. We are unable to identify which meetings this issue was discussed at as no formal agendas were produced nor were minutes taken and therefore I regret that I am unable to provide you with a full answer. However we met with Home Office officials on 30th July 2006 to discuss a range of issues arising from the consultation and the possible impact on business practices. We discussed the relevance of the Code of Practice for signing keys but at this stage do not believe that a reference in the Code of Practice will in any way change the legal definition of electronic signatures.
It is unlikely that the Department will make a formal contribution to the consultation process.
Appeals procedure
If you are unhappy with the way the Department for Trade and Industry has handled your request you may ask for an internal review. You should contact me at the above address if you wish to complain.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
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DTI Information Security and Internet Policy Team