Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
If we do not hit our goal we will be forced to close the site.

Current status: https://keepboardsalive.com/

Annual subs are best for most impact. If you are still undecided on going Ad Free - you can also donate using the Paypal Donate option. All contribution helps. Thank you.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.

Reading others' emails

  • 01-08-2019 03:36PM
    #1
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,827 Admin ✭✭✭✭✭


    I am having some difficulty locating where I have read before that there is specific provision dealing with the reading of another person's emails - I'm nearly sure it was on this forum but cannot find anything.

    Something to do with the Interception of Postal Packages and Telecommunications Messages (Regulation) Act 1993?


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    I don't remember the 1993 Act ever being discussed here in relation to e-mails?

    In what context, authorisation, criminal or civil etc?

    Reading another persons e-mail is potentially an offence under S2 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 if it involves infringing a security measure. Previously it was an offence to do so without permission even if no security measures were infringed but that is no longer the case.

    On the civil side I suppose you can make an invasion of privacy argument.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,827 Admin ✭✭✭✭✭hullaballoo


    I could be totally misremembering what I saw, when I saw it and where tbh.

    What was the previous provision that didn't require security infringement?


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    hullaballoo wrote: »
    What was the previous provision that didn't require security infringement?

    S5 of the Criminal Damage Act 1991, it was an offence to use a computer to access or attempt to access data without lawful excuse, there was no further qualification, the section has been deleted by the 2017 Act.


    hullaballoo wrote: »
    I could be totally misremembering what I saw, when I saw it and where tbh.

    It's an offence to open someone else's mail and we have discussed that previously, I detailed the relevant law:-

    https://www.boards.ie/vbulletin/showthread.php?t=2057593195

    https://www.boards.ie/vbulletin/showthread.php?t=2057815825&page=1

    Perhaps those are what you are thinking of?

    Just going back to the privacy point I made, the ECHR Copland vs United Kingdom [2007] ECHR 253 case confirmed that unauthorised access to e-mail is a breach of Article 8 of the ECHR and the right to privacy.


Advertisement