Investigating protected electronic information

Relevant to
Businesses that develop or use encryption software or other products or services used in protecting data under their control and others able to assist public authorities to put protected electronic data into an intelligible form in the UK

Took effect on
1 October 2007

From 1 October 2007, Part 3 of the Regulation of Investigatory Powers Act 2000 (RIPA) will enter into force. It will enable public authorities to:

• require that protected electronic information which they have obtained lawfully - or are likely to obtain lawfully - be put into an intelligible form
• acquire the means to gain access to protected information
• acquire the means to put protected information into an intelligible form

This means that you may be required to disclose:

• protected information in an intelligible form
• the means to access protected information
• the means of putting protected information into an intelligible form - eg an encryption key which will be kept safe by the authorities

You may also be required to keep secret the fact that you have received a Section 49 notice to disclose protected information and/or any other detail relating to the notice.

Any request to disclose information must be made to you in writing.

No public authority may impose any requirement under Part 3 without the prior written approval of the National Technical Assistance Centre to do so.

Public authorities that intend to use RIPA Part 3 powers must comply with a new code of practice.

• Find the detail on complying with your duties under RIPA Part 3 on the Home Office Security website - Opens in a new window

Full title of regulation
The Regulation of Investigatory Powers (Investigation of Protected Electronic Data: Code of Practice) Order 2007

From
Home Office

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