Paragraph 3 I1

United Kingdom Not yet in force

(1)

Section 37 (extraction of information from electronic devices: investigations of crime etc) is amended as follows.

(2)

In the heading, omit “from electronic devices”.

(3)

After subsection (1) insert—

“(1A)

An authorised person may extract information accessible by means of an online account if—

(a)

a user of the account has voluntarily provided access to the account to an authorised person, and

(b)

that user has agreed to the extraction by an authorised person of information accessible by means of the account.

(1B)

The power in subsection (1A)(b) may be exercised only in relation to information which is or was accessible by means of the online account at such time or times as have been agreed by the user of the account.”

(4)

In subsection (2)—

(a)

for “power” substitute “powers”;

(b)

after “(1)” insert “and (1A)”.

(5)

In subsection (5)—

(a)

after “(1)” insert “or (1A)”;

(b)

after “electronic device” (in both places) insert “, or accessible by means of the online account,”.

(6)

In subsection (6)—

(a)

in the words before paragraph (a), after “the power” insert “in subsection (1) or (1A)”;

(b)

in paragraph (b), after “(1)” insert “or (1A)”.

(7)

In subsection (7), after “(1)” insert “or (1A)”.

(8)

In subsection (8), after “(1)” insert “or (1A)”.

(9)

In subsection (9), after “the power” insert “in subsection (1) or (1A)”.

(10)

In subsection (10)—

(a)

in paragraph (a), for the words from “information” to the end substitute

“information—

(i)

likely to be stored on the device, or

(ii)

likely to be accessible by means of the online account, and”;

(b)

in paragraph (b)(ii), after “(1)” insert “or (1A)”.

(11)

In subsection (11), after “(1)” insert “or (1A)”.

(12)

In subsection (13)—

(a)

after the definition of “information” insert—

““online account” means an account by means of which information held on a service provided by means of the internet is made accessible;”;

(b)

for the definition of “user” substitute—

““user”—

(a)

in relation to an electronic device, means a person who ordinarily uses the device;

(b)

in relation to an online account, means a person who ordinarily uses the account.”

Annotations

Commencement

I1: Sch. 19 para. 3 not in force at Royal Assent, see s. 255(1)