Section 178 Extraction of online information: ports and border securityI1

In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 11A insert—

“Extraction of online information

11B

(1)

This paragraph applies where an electronic device is detained under paragraph 11 after having been—

(a)

searched or found on a search under paragraph 8, or

(b)

examined under paragraph 9.

(2)

A relevant senior officer may authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began.

(3)

The power conferred by virtue of sub-paragraph (2) may be exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began.

(4)

An authorisation under sub-paragraph (2) also confers powers to—

(a)

access an online account of the kind mentioned in that sub-paragraph, and

(b)

examine any information accessible by means of such an account.

(5)

The power conferred by virtue of sub-paragraph (4)(b) may be exercised only for the purpose of determining whether information may be extracted under the authorisation.

(6)

The powers conferred by virtue of this paragraph are exercisable only for so long as the electronic device continues to be detained under paragraph 11.

(7)

A constable who is given an authorisation under sub-paragraph (2) may arrange for another person to exercise the powers conferred by the authorisation on their behalf.

(8)

In this paragraph—

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

• “relevant senior officer”, in relation to a constable who is given an authorisation under sub-paragraph (2), means another constable who—

  1. (a)

     is of a higher rank than the constable who is given the authorisation, and

  2. (b)

     has not been directly involved in the exercise of any power under this Part of this Schedule to take the electronic device or to question a person from whom the device was taken.

(9)

References in this paragraph and paragraph 11C to the extraction of information include its reproduction in any form.

11C

Any information which has been extracted by virtue of paragraph 11B may be retained by a constable—

(a)

for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b),

(b)

while the constable believes that it may be needed for use as evidence in criminal proceedings, or

(c)

while the constable believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.”

In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), after paragraph 22 insert—

“Extraction of online information

22A

(1)

This paragraph applies where an electronic device is retained under paragraph 11 after having been—

(a)

searched or found on a search under paragraph 8, or

(b)

examined under paragraph 9.

(2)

A relevant senior officer may authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began.

(3)

The power conferred by virtue of sub-paragraph (2) may be exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began.

(4)

An authorisation under sub-paragraph (2) also confers powers to—

(a)

access an online account of the kind mentioned in that sub-paragraph, and

(b)

examine any information accessible by means of such an account.

(5)

The power conferred by virtue of sub-paragraph (4)(b) may be exercised only for the purpose of determining whether information may be extracted under the authorisation.

(6)

The powers conferred by virtue of this paragraph are exercisable only for so long as the electronic device continues to be retained under paragraph 11.

(7)

A constable who is given an authorisation under sub-paragraph (2) may arrange for another person to exercise the powers conferred by the authorisation on their behalf.

(8)

Where a constable makes such an arrangement, the person exercising those powers on their behalf is to be treated as an examining officer for the purposes of Part 4 of this Schedule.

(9)

In this paragraph—

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

• “relevant senior officer”, in relation to a constable who is given an authorisation under sub-paragraph (2), means another constable who—

  1. (a)

     is of a higher rank than the constable who is given the authorisation, and

  2. (b)

     has not been directly involved in the exercise of any power under this Part of this Schedule to take the electronic device or to question a person from whom the device was taken.

(10)

References in this paragraph and paragraph 22B to the extraction of information include its reproduction in any form.

22B

Any information which has been extracted by virtue of paragraph 22A may be retained by a constable—

(a)

for so long as it is necessary for the purpose of determining whether a person is or has been engaged in hostile activity,

(b)

while the constable believes that it may be needed for use as evidence in criminal proceedings,

(c)

while the constable believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971,

(d)

while the constable believes it necessary to retain the information—

(i)

in the interests of national security,

(ii)

in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security, or

(iii)

for the purpose of preventing or detecting an act of serious crime, or

(e)

while the constable believes it necessary to retain the information to prevent death or significant injury.

22C

(1)

Paragraphs 18 to 22 apply to information consisting of or including confidential material that is retained by virtue of paragraph 22B(d) or (e) as they apply to a copy consisting of or including confidential material that is retained by virtue of paragraph 17(3)(d) or (e), but with the following modifications.

(2)

Paragraph 18(7) is to be read as if the reference to paragraph 17(3)(b) or (c) were a reference to paragraph 22B(b) or (c).

(3)

Paragraph 19 is to be read as if—

(a)

the references in sub-paragraph (3)(c) and (6) to the person from whom the article was taken from which the copy was made, and

(b)

the reference in sub-paragraph (7) to the person from whom an article was taken from which a copy was made,

were references to the person from whom the device mentioned in paragraph 22A(1) was taken.

(4)

Paragraph 20(4) is to be read as if the reference to a person from whom the article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken.

(5)

Paragraph 21(7) is to be read as if the reference to the person from whom an article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken.

(6)

Paragraph 22 is to be read as if—

(a)

the reference in sub-paragraph (7) to paragraph 17(3)(b) or (c) were a reference to paragraph 22B(b) or (c);

(b)

the reference in sub-paragraph (9) to the person from whom the article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken.”