Thread: Encryption
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Unread 28 Feb 2006, 19:29   #15
Nodrog
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Re: Encryption

Quote:
Originally Posted by Yahwe
their can only be an application for a section 49 warrant against a civillian if that civillian:

(e) has, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police or the customs and excise, or is likely so to come into the possession of any of those services, the police or the customs and excise.
That isnt saying "if the [civilian] has by any other lawful means come into possession blah blah", its saying "if [the protected information, see the first sentence of the section] has come into possesion of [the police]", ie if the police have obtained the information lawfully (eg as sanctioned by section 22 or by lawful non-statutory methods), then they can impose a disclosure requirement.


Quote:
(1) This section applies where any protected information (...)

(e) has, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police or the customs and excise, (...)


If any person with the appropriate permission under Schedule 2 believes, on reasonable grounds-
(a) that a key to the protected information is in the possession of any person,(...)

the person with that permission may, by notice to the person whom he believes to have possession of the key, impose a disclosure requirement in respect of the protected information.

#That seems pretty clear to me, unless I'm misleading it horribly in a way it would be kind of you to point out.

Last edited by Nodrog; 28 Feb 2006 at 19:34.
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