ch2300c10a
01-08-00 21:43:37
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
57
Part III
(6) Where it appears to a person with the appropriate permission—
(a) that more than one person is in possession of the key to any
protected information,
(b) that any of those persons is in possession of that key in his
capacity as an employee of a firm, and
(c) that another of those persons is the firm itself or a partner of
the firm,
a notice under this section shall not be given, by reference to his
possession of the key, to any employee of the firm unless it appears to the
person giving the notice that there is neither a partner of the firm nor a
more senior employee of the firm to whom it is reasonably practicable to
give the notice.
(7) Subsections (5) and (6) shall not apply to the extent that there are
special circumstances of the case that mean that the purposes for which
the notice is given would be defeated, in whole or in part, if the notice were
given to the person to whom it would otherwise be required to be given
by those subsections.
(8) A notice under this section shall not require the making of any
disclosure to any person other than—
(a) the person giving the notice; or
(b) such other person as may be specified in or otherwise identified
by, or in accordance with, the provisions of the notice.
(9) A notice under this section shall not require the disclosure of any
key which—
(a) is intended to be used for the purpose only of generating
electronic signatures; and
(b) has not in fact been used for any other purpose.
(10) In this section “senior officer”, in relation to a body corporate,
means a director, manager, secretary or other similar officer of the body
corporate; and for this purpose “director”, in relation to a body corporate
whose affairs are managed by its members, means a member of the body
corporate.
(11) Schedule 2 (definition of the appropriate permission) shall have
effect.
50.—(1) Subject to the following provisions of this section, the effect of
a section 49 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 disclosing it in 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
Effect of notice
imposing
disclosure
requirement.