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INTRODUCTION paras 1.1 to 1.6

INTRODUCTION

1.1 This code of practice relates to the powers and duties conferred or imposed under Part III of the Regulation of Investigatory Powers Act 2000 ('the Act'). It provides guidance to be followed when exercising powers under Part III of the Act ('Part III') to require disclosure of protected electronic data in an intelligible form or to acquire the means by which protected electronic data may be accessed or put in an intelligible form.

1.2 This code applies to the exercise and performance by any person (other than a judicial authority or a person holding judicial office) of the powers and duties conferred or imposed by or under Part III.

1.3 The code should be readily available, in written or electronic form, to members of any public authority involved in the investigation of protected electronic data and to persons upon whom any duty is imposed under Part III of the Act.

1.4 The Act provides that the code is admissible in evidence in criminal and civil proceedings. If any provision of the code appears relevant to a question before any court or tribunal hearing any such proceedings, or to the Tribunal established under the Act ('the Investigatory Powers Tribunal'), or to one of the Commissioners responsible for overseeing the powers conferred by the Act, it must be taken into account.

1.5 The exercise of powers and duties under Part III is kept under review by the Commissioners appointed under sections 57, 59 and 62 of the Act ('the Commissioners').

1.6 This code extends to the United Kingdom.

Comments

More comments on "Civil Proceedings" later

1.4 The Act provides that the code is admissible in evidence in criminal and civil proceedings

A heads up to our friends at at the Open Rights Group, that a Criminal Penalty for non-disclosure could be imposed in a Civil Court case involving, say Digital Rights Management or encrypted Copyright infringement allegations.

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