Paragraph 6 I1

United Kingdom Not yet in force

(1)

Section 40 (application of section 37 where user has died etc) is amended as follows.

(2)

After subsection (1) insert—

“(1A)

If any of conditions A to C is met, an authorised person may exercise the power in section 37(1A) to extract information accessible by means of an online account even though—

(a)

access has not been voluntarily provided to an authorised person by a user of the account, or

(b)

no user of the account has agreed to the extraction by an authorised person of information accessible by means of the account.”

(3)

In subsection (2)—

(a)

in paragraph (a), for “, and” substitute “and the person was a user of the device immediately before their death, or”;

(b)

for paragraph (b) substitute—

“(b)

a person who was a user of the online account has died and the person was a user of the online account before their death.”

(4)

In subsection (3)(a), after “device” insert “or online account”.

(5)

In subsection (4)—

(a)

in paragraph (a), after “device” insert “or online account”;

(b)

in paragraph (b), for the words from “was” to the end substitute

“was—

(i)

a user of the device immediately before they went missing, or

(ii)

a user of the online account before they went missing, and”.

(6)

In subsection (5), after “(1)” insert “or (1A)”.

Annotations

Commencement

I1: Sch. 19 para. 6 not in force at Royal Assent, see s. 255(1)