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Regulation of Investigatory Powers Act 2000

Volume 475: debated on Tuesday 29 April 2008

To ask the Secretary of State for the Home Department (1) how many people have been (a) proceeded against for and (b) convicted of failing to disclose information in encrypted form under section 53 of the Regulation of Investigatory Powers Act 2000; (200550)

(2) how many prosecutions and convictions there have been under the Regulation of Investigatory Powers Act 2000 for withholding passwords and encryption keys to hard drives since that provision entered into force.

[holding answer 23 April 2008]: These provisions came into force on 1 October 2007 and to date eight section 49 notices have been served, four of which were in terrorism related cases. In these four cases two people have been charged with the offence of failing to comply with a section 49 notice, and the appropriate investigating authorities are also considering what action to take in regard to the other two terrorist related cases. These cases have yet to come before the courts.

In two of the remaining (non-terrorism related cases) the encryption keys have been disclosed.