The Home Office recognised that UK data protection laws such as Ripa do not adequately transpose European data laws , including the Data Protection Directive and the E-Privacy Directive.
One of the problems lies in Ripa saying that interception of communications is permissible if the organisation performing the interception has "reasonable grounds for believing" that consent has been given. European laws states that consent must be "freely given, specific and informed".
"The current provisions do not provide the required clarity," said the consultation document. "This is because 'reasonable grounds for believing' is open to different interpretations."
In addition, although intentional interception without consent is unlawful for communications service providers (CSPs), unintentional interception without consent is not adequately covered by UK law, said the document.
The government proposed two options for interception without consent: the imposition of a criminal penalty, or a civil penalty. The criminal sanction would carry a maximum fine of £10,000 for interception without consent, unless carried out by police. The civil penalty should also carry a maximum fine of £10,000, and be overseen by the Interception of Communications Commissioner, said the Home Office.
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