Paragraph 5 I1

Section 39 (requirements for voluntary provision and agreement) is amended as follows.

After subsection (1) insert—

“(1A)

A person (“P”) is to be treated for the purposes of section 37 or 38 as having—

(a)

voluntarily provided access to an online account to an authorised person, and

(b)

agreed to the extraction by an authorised person of information accessible by means of the online account,

only if the requirements of this section have been met.”

In subsection (2), for the words from “to provide” to the end substitute

“to—

(a)

provide the device or agree to the extraction of information from it, or

(b)

provide access to the online account or agree to the extraction of information accessible by means of it.”

In subsection (3)—

In subsection (4), for the words from “that” to the end substitute

“that—

(a)

P has—

(i)

voluntarily provided the device to an authorised person, and

(ii)

agreed to the extraction of information from the device by an authorised person, or

(b)

P has—

(i)

voluntarily provided access to the online account to an authorised person, and

(ii)

agreed to the extraction by the authorised person of information accessible by means of the online account.”