The applicant operated an e-mail system. E-mails would normally be deleted after being read. The police sought an order under the 1984 Act for certain emails to be retained in connection with an investigation. The applicant argued that this would put them in conflict with the 2000 Act, by requiring them to intercept the e-mails.
Held: Parliament could not have meant the 2000 Act to defeat the powers under the 1984 Act. No damage would be done, since the order sought retention only, and a further order would be required before any emails were disclosed. The police had the necessary power to make the request, and the applicant would not be in breach in complying with it.
Judges:
Lord Woolf, Lord Chief Justice and Mr Justice Curtis
Citations:
Times 06-Aug-2002, Gazette 08-Aug-2002
Statutes:
Police and Criminal Evidence Act 1984 9 Sch 1, Regulation of Investigatory Powers Act 2000 1 2(7) 2(8)
Jurisdiction:
England and Wales
Information, Police
Updated: 12 May 2022; Ref: scu.174347
