Paragraph 4 I1

Section 38 (application of section 37 to children and adults without capacity) is amended as follows.

After subsection (2) insert—

“(2A)

A child is not to be treated for the purposes of section 37(1A) as being capable of—

(a)

voluntarily providing access to an online account for those purposes, or

(b)

agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.

(2B)

If a child is a user of an online account, a person who is not a user of the account but is listed in subsection (3) may—

(a)

voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and

(b)

agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

In subsection (3), for “subsection (2)” substitute “subsections (2) and (2B)”.

In subsection (4), after “(2),” insert “or the power under section 37(1A) by virtue of subsection (2B),”.

In subsection (5)—

After subsection (7) insert—

“(7A)

An adult without capacity is not to be treated for the purposes of section 37(1A) as being capable of—

(a)

voluntarily providing access to an online account for those purposes, or

(b)

agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.

(7B)

If a user of an online account is an adult without capacity, a person who is not a user of the online account but is listed in subsection (8) may—

(a)

voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and

(b)

agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

In subsection (8)—

In subsection (9), for the words from “prevents” to the end substitute

“prevents—

(a)

any other user of an electronic device who is not a child or an adult without capacity from—

(i)

voluntarily providing the device to an authorised person for the purposes of section 37(1), or

(ii)

agreeing for those purposes to the extraction of information from the device by an authorised person;

(b)

any other user of an online account who is not a child or an adult without capacity from—

(i)

voluntarily providing access to the online account to an authorised person for the purposes of section 37(1A), or

(ii)

agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

In subsection (10), after “and (b)” (in each place) insert “or (1A)(a) and (b)”.

In subsection (11), in the definition of “relevant authorised person”, for the words from “person”” to the end substitute “person”—

“(a)

in relation to the extraction of information from an electronic device for a particular purpose, means an authorised person who may extract the information from the device for that purpose;

(b)

in relation to the extraction of information accessible by means of an online account for a particular purpose, means an authorised person who may extract the information accessible by means of the online account for that purpose;”.