HL Deb 20 June 2002 vol 636 cc95-6WA
The Earl of Northesk

asked Her Majesty's Government:

Within the framework of the Regulation of Investigatory Powers Act 2000, at what points data being transmitted over the Internet are deemed to be (a) in transit and (b) stored. [HL4608]

Lord Filkin

The Government's view is that for the purposes of Chapter I Part I of the Regulation of Investigatory Powers Act 2000, the times when a communication is taken to be in the course of its transmission, including over the Internet, include any time when it is stored on the system for the intended recipient to collect or access. For example, this means that an interception takes place where an electronic mail message stored on a web-based service provider is accessed so that its contents are made available to someone other than the sender or intended recipient. Access to a stored communication by the exercise of a statutory power (e.g. under the Police and Criminal Evidence Act 1984) for the purpose of obtaining information or taking possession of a document or other property is also lawful by virtue of Section 1(5) (c) of the Act.