Regulation of Investigatory Powers Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
158B*     Insert the following new Clause-- 
     (".--(1) Subject to the following provisions of this section, the effect of a section 46 notice imposing a disclosure requirement in respect of any protected information on a person who is in possession at a relevant time of both the protected information and a means of obtaining access to the information and of putting it into an intelligible form is that he--
    (a)  shall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; and
    (b)  shall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form.
    (2)  A person subject to a requirement under subsection (1)(b) to make a disclosure of any information in an intelligible form shall be taken to have complied with that requirement if--
    (a)  he makes, instead, a disclosure of any key to the protected information that is in his possession; and
    (b)  that disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.
    (3)  Where, in a case in which a disclosure requirement in respect of any protected information is imposed on any person by a section 46 notice--
    (a)  that person is not in possession of the information,
    (b)  that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of putting it into an intelligible form, or
    (c)  the notice states, in pursuance of a direction under section 47, that it can be complied with only by the disclosure of a key to the information,
the effect of imposing that disclosure requirement on that person is that he shall be required, in accordance with the notice imposing the requirement, to make a disclosure of any key to the protected information that is in his possession at a relevant time.
 
    (4)  Subsections (5) to (7) apply where a person ("the person given notice")--
    (a)  is entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 46 notice; and
    (b)  he is in possession of more than one key to that information.
    (5)  It shall not be necessary, for the purpose of complying with the requirement, for the person given notice to make a disclosure of any keys in addition to those the disclosure of which is, alone, sufficient to enable the person to whom they are disclosed to obtain access to the information and to put it into an intelligible form.
 
    (6)  Where--
    (a)  subsection (5) allows the person given notice to comply with a requirement without disclosing all of the keys in his possession, and
    (b)  there are different keys, or combinations of keys, in the possession of that person the disclosure of which would, under that subsection, constitute compliance,
the person given notice may select which of the keys, or combination of keys, to disclose for the purpose of complying with that requirement in accordance with that subsection.
 
    (7)  Subject to subsections (5) and (6), the person given notice shall not be taken to have complied with the disclosure requirement by the disclosure of a key unless he has disclosed every key to the protected information that is in his possession at a relevant time.
 
    (8)  Where, in a case in which a disclosure requirement in respect of any protected information is imposed on any person by a section 46 notice--
    (a)  that person has been in possession of the key to that information but is no longer in possession of it,
    (b)  if he had continued to have the key in his possession, he would have been required by virtue of the giving of the notice to disclose it, and
    (c)  he is in possession, at a relevant time, of information to which subsection (9) applies,
the effect of imposing that disclosure requirement on that person is that he shall be required, in accordance with the notice imposing the requirement, to disclose all such information to which subsection (9) applies as is in his possession and as he may be required, in accordance with that notice, to disclose by the person to whom he would have been required to disclose the key.
 
    (9)  This subsection applies to any information that would facilitate the obtaining or discovery of the key or the putting of the protected information into an intelligible form.
 
    (10)  In this section "relevant time", in relation to a disclosure requirement imposed by a section 46 notice, means the time of the giving of the notice or any subsequent time before the time by which the requirement falls to be complied with.")
Effect of notice imposing disclosure requirement.
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
158C     Insert the following new Clause-- 
     ("  .  If the Secretary of State or judge giving permission under Schedule 1 is satisfied that--
    (a)  there are exceptional circumstances which mean that the purposes of a notice under section 46 to provide information in an intelligible form would be defeated, in whole or in part, and
    (b)  that the giving of permission under this section is proportionate to what is sought to be achieved,
he may give permission for the notice to require the disclosure of the key.")
Permission for notice requiring key disclosure.
  
Before Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
159     Insert the following new Schedule-- 
 ("SCHEDULE 
 RELEVANT PUBLIC AUTHORITIES> 
 PART I 
 RELEVANT AUTHORITIES FOR THE PURPOSES OF SS. 27 AND 28 
 Police forces etc. 
     1.  Any police force.
 
    2.  The National Criminal Intelligence Service.
 
    3.  The National Crime Squad.
 
    4.  The Serious Fraud Office.
 
 The intelligence services 
     5.  Any of the intelligence services. 
 The armed forces 
     6.  Any of Her Majesty's forces. 
 The revenue departments 
     7.  The Commissioners of Customs and Excise.
 
    8.  The Commissioners of Inland Revenue.
 
 Government departments 
     9.  The Ministry of Agriculture, Fisheries and Food.
 
    10.  The Ministry of Defence.
 
    11.  The Department of the Environment, Transport and the Regions.
 
    12.  The Department of Health.
 
    13.  The Home Office.
 
    14.  The Department of Social Security.
 
    15.  The Department of Trade and Industry.
 
 The National Assembly for Wales 
     16.  The National Assembly for Wales. 
 Local authorities 
     17.  Any local authority (within the meaning of section 1 of the Local Government Act 1999).1999 c. 27.
 Other bodies 
     18.  The Environment Agency.
 
    19.  The Financial Services Authority.
 
    20.  The Food Standards Agency.
 
    21.  The Intervention Board for Agricultural Produce.
 
    22.  The Personal Investment Authority.
 
    23.  The Post Office.
 
 PART II 
 RELEVANT AUTHORITIES FOR THE PURPOSES ONLY OF S. 27 
 The Health and Safety Executive 
     24.  The Health and Safety Executive. 
 NHS bodies in England and Wales 
     25.  A Health Authority established under section 8 of the National Health Service Act 1977.1977 c. 49.
     26.  A Special Health Authority established under section 11 of the National Health Service Act 1977.1977 c. 49.
     27.  A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.1990 c. 19.
 The Royal Pharmaceutical Society of Great Britain 
     28. The Royal Pharmaceutical Society of Great Britain.") 
  
Schedule 1
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
159A     Page 83, line 1, leave out paragraph 4 
159B     Page 83, line 19, leave out ("without any grant of permission") and insert ("if written permission has been granted by the Secretary of State or") 
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
159C*     Page 51, line 7, leave out from beginning to ("unless") in line 21 and insert--
 
    ("(1)  A section 46 notice imposing a disclosure requirement in respect of any protected information shall not contain a statement for the purposes of section (Effect of notice imposing disclosure requirement)(3)(c)")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
160     Page 51, line 12, leave out second ("the") and insert ("a") 
161     Page 51, line 16, leave out first ("the") and insert ("that") 
  
BY THE LORD BASSAM OF BRIGHTON
 
161A*     Page 51, line 23, leave out ("a section 46") and insert ("the") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
162     Page 51, line 29, leave out ("the key itself") and insert ("an actual key") 
  
BY THE LORD LUCAS
 
162A     Page 51, line 38, at end insert--
 
("and if he does give such a direction, he shall immediately inform the Interception of Communications Commissioner")
 
  
BY THE EARL OF LIVERPOOL
THE EARL OF NORTHESK
 
163     Page 51, line 38, at end insert--
 
    ("(  )  In considering whether the giving of a direction is proportionate for the purposes of subsection (4)(b), regard must be given to the extent and nature of information other than the protected information in question which may be protected by the same key.")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
164     Page 51, line 38, at end insert--
 
    ("(  )  The person required to disclose a key shall be taken for the purposes of this Part to have complied with that requirement if, by the time by which he is required to disclose it to any person, he has disclosed any key which is capable of accessing the protected information or (as the case may be) putting it into an intelligible form.")
 
  
BY THE EARL OF NORTHESK
 
164A     Leave out Clause 47 and insert the following new Clause-- 
     ("  .--(1)  A person shall not require the disclosure of a key unless he believes on reasonable grounds--
    (a)  that there are exceptional circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or part, if the direction were not given;
    (b)  that the seriousness of the suspected offence warrants it;
    (c)  that there are reasonable grounds for belief that the decrypted text of the protected information would not be provided in an accurate form; and
    (d)  that the giving of the direction is proportionate, taking into account the consequences of such disclosure, to what is sought to be achieved by requiring disclosure of the key itself.
    (2)  A person may require disclosure of a key if the recipient of a valid section 46 notice has not, within the time specified in the notice, provided the protected information in intelligible form.")
Disclosure of key.
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill. 
  
Clause 48
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
164AA     Page 51, line 42, after ("46") insert ("or (Permission for notice requiring key disclosure)") 
 
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Prepared 27 June 2000