Section 173 Extraction of online information following seizure of electronic devicesI1

United Kingdom Not yet in force

(1)

Where an electronic device has been lawfully seized, a senior officer may authorise an enforcement officer to extract information accessible by means of one or more online accounts which were accessed by means of the device before it was seized.

(2)

A senior officer may give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that—

(a)

the information mentioned in subsection (1) includes information that is relevant to a reasonable line of enquiry which is being, or is to be pursued, by an enforcement officer for one or more relevant purposes, and

(b)

it is not reasonably practicable to obtain that information by other means.

(3)

The power conferred by virtue of subsection (1) may be exercised only to extract information—

(a)

which was accessible by means of the online accounts at the time the device was seized, and

(b)

which the person exercising the power considers necessary and proportionate to extract for the purpose of obtaining information which is relevant as mentioned in subsection (2)(a).

(4)

An authorisation under subsection (1) also confers powers to—

(a)

access an online account of the kind mentioned in that subsection, and

(b)

examine any information accessible by means of such an account.

(5)

The power conferred by virtue of subsection (4)(b) may be exercised only to the extent that the person exercising the power considers necessary and proportionate for the purpose of determining whether information may be extracted under the authorisation.

(6)

A person who is given an authorisation under subsection (1) may arrange for a person to exercise the powers conferred by the authorisation on their behalf.

(7)

For the purposes of this section, each of the following are “relevant purposes”—

(a)

in every case, the purpose of preventing, detecting, investigating or prosecuting crime;

(b)

in a case where the device mentioned in subsection (1) was seized under section 43E of the Terrorism Act 2000, the purpose of protecting the public from the risk of terrorism;

(c)

in a case where the device was seized under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011, a purpose connected with—

(i)

protecting members of the public from a risk of terrorism, or

(ii)

preventing or restricting an individual’s involvement in terrorism-related activity;

(d)

in a case where the device was seized under Schedule 11 to the National Security Act 2023, a purpose connected with—

(i)

protecting the United Kingdom from the risk of acts or threats within section 33(3) of that Act, or

(ii)

preventing or restricting an individual’s involvement in foreign power threat activity.

(8)

In this Act, “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.

(9)

References in this Act to the extraction of information include its reproduction in any form.

Annotations

Commencement

I1: S. 173 not in force at Royal Assent, see s. 255(1)