The Lawful Business Practice Regulations allow a wide range of monitoring. Don’t they override the Data Protection Act?
No. When carrying out monitoring both pieces of legislation must be complied with, one doesn’t override the other. The Lawful Business Practice Regulations deal with the interception of electronic communications. Not all monitoring involves interception. Even where it does, the Regulations work in tandem with the Data Protection Act. An interception, if it is not done with the consent of the parties to the communication, must satisfy one of the conditions in the Lawful Business Practice Regulations. In so far as it then involves the recording and use of personal information it must also comply with the Data Protection Act. Although the conditions in the Lawful Business Practice Regulations allow for interception of business related communications in a range of circumstances, monitoring that involves interception and is targeted on the contents of personal communications that are not business related is not permitted.
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- The Lawful Business Practice Regulations allow a wide range of monitoring. Don’t they override the Data Protection Act?
