Amendments proposed to the Regulation of Investigatory Powers Bill - continued House of Commons

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Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

41

Clause     46,     page     48,     line     1,     after 'detecting', insert 'serious'.

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

43

Clause     46,     page     48,     line     3,     leave out subsection (4) and insert—

    '(4) A notice in this section requiring disclosure of any key—

      (a) must be in writing in the prescribed form and be addressed to the recipient of the key and be signed and dated by a person with appropriate authority as described in Schedule 1;

      (b) detail the specific protected information required; and

      (c) name the person or persons who have the appropriate permission to serve the notice and order the decryption of the specific protected information sought.'.

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

42

Clause     46,     page     48,     leave out lines 3 to 9.

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

44

Clause     46,     page     48,     line     13,     leave out 'or otherwise identified by, or in accordance with,'.


   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

23

Schedule     1,     page     78,     line     22,     leave out from 'office' to end of line 24.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

24

Schedule     1,     page     78,     line     28,     leave out from 'warrant' to 'contained'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

25

Schedule     1,     page     78,     line     31,     leave out 'or authorisation'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

26

Schedule     1,     page     78,     line     33,     leave out 'or authorisation'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

27

Schedule     1,     page     78,     leave out lines 45 to 47.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

28

Schedule     1,     page     79,     leave out lines 7 to 18.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

29

Schedule     1,     page     79,     leave out line 23.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

30

Schedule     1,     page     79,     line     24,     leave out 'any resident magistrate' and insert 'a county court judge'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

31

Schedule     1,     page     79,     line     26,     leave out 'or of a justice of the peace'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

32

Schedule     1,     page     80,     leave out lines 1 to 31.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

33

Schedule     1,     page     81,     leave out lines 1 to 36.


   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

17

Page     49,     line     12,     leave out Clause 49.


   

Mr Charles Clarke

69

Clause     50,     page     50,     line     9,     at end insert—

    '() A requirement to keep anything secret shall not be included in a section 46 notice except where—

      (a) it is included with the consent of the person who for the purposes of Schedule 1 granted the permission for the giving of the notice; or

      (b) the person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.'.

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

45

Clause     50,     page     50,     line     14,     leave out from ', or' to end of line 16.

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

46

Clause     50,     page     50,     line     20,     at end insert—

    '(2A) A section 46 notice shall not contain a requirement to keep anything secret for a period exceeding one year.

    (2B) A requirement made under a section 46 notice to keep anything secret may be renewed for periods not exceeding one year by authorisation of the person with appropriate authority under Schedule 1, and any such renewal shall be notified to the person in writing.'.

   

Mr Charles Clarke

70

Clause     50,     page     51,     line     6,     leave out from 'authorised' to 'came' in line 10 and insert—

      '(a) by the terms of the notice;

      (b) by or on behalf of the person who gave the notice; or

      (c) by or on behalf of a person who—

          (i) is in lawful possession of the protected information to which the notice relates; and

          (ii)''.


   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

47

Clause     52,     page     52,     leave out lines 35 to 39 and insert—

    '"key" in relation to protected information, means the specific key(s), code, password, algorithm, or other data the use of which (with or without other keys)—

      (a) allows access to the protected information, or

      (b) facilitates the putting of the protected information into an intelligible form.'.


   

Mr Harry Cohen

95

Clause     62,     page     66,     line     16,     after '(1)', insert 'Subject to subsection (3A),'.

   

Mr Harry Cohen

96

Clause     62,     page     66,     line     35,     at end insert—

    '(3A) Where parts of a code of practice or draft code of practice relate to the processing of personal data, the code shall not be issued by the Secretary of State unless those parts of the code have been reviewed by the Data Protection Commissioner.

    (3B) The Data Protection Commissioner may require the Secretary of State to include in any code of practice issued by him a statement concerning the processing of personal data.'.


   

Mr Charles Clarke

71

Clause     68,     page     72,     line     26,     after 'section' insert '6(2A),'.


   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

22

Clause     71,     page     75,     line     7,     at end insert '"technical obligations under this Act" means steps to be specified or described in a notice pursuant to section 12(2) and steps needed to be taken pursuant to section 21(4) in order to be capable of obtaining any communications data.'.


   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

52

Clause     73,     page     76,     line     43,     after 'section', insert 'and section 12'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

53

Clause     73,     page     76,     line     45,     at end insert—

    '( ) Section 12 of this Act shall come into force on such day as the Secretary of State may by order appoint, save that he shall not appoint such a day unless he has made a statement to the House of Commons to the effect:

      (a) that such obligations as it appears to him reasonable to impose for the purpose of section 12(1) of this Act would be—

          (i) technically competent for the purpose; and

          (ii) proportionate thereto; and

      (b) that he has assessed the costs of compliance and—

          (i) that they are reasonable and

          (ii) that he shall make a contribution thereto;

    and he shall specify the amount.'.


NEW CLAUSES

Offences

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC1

To move the following Clause:—

    '.—(1) A person is guilty of an offence if—

      (a) with intent to impede access to protected information or the putting of that information into an intelligible form, he fails to comply, in accordance with any section 46 notice, with a requirement of that notice to disclose a key to protected information; and

      (b) he is a person who has possession of the key.

    (2) A person is guilty of an offence if—

      (a) he fails to comply, in accordance with any section 46 notice, with a requirement of that notice to disclose a key to protected information;

      (b) he is a person who has had possession of the key, but that key was not in his possession after the giving of the notice and before the time by which he was required to disclose it; and

      (c) with intent to impede access to protected information or the putting of that information into an intelligible form, that he did not, before that time, make a disclosure, to the person to whom he was required to disclose the key, of all such information in his possession as was required by that person to enable possession of the key to be obtained.

    (3) In proceedings against any person for an offence under this section it shall be a defence (subject to subsection (4)) for that person to show—

      (a) that it was not reasonably practicable for him to make a disclosure of the key before the time by which he was required to do so;

      (b) where the key was not in his possession at that time, that it was not reasonably practicable for him, before that time, to make such a disclosure as is mentioned in subsection (2)(c); and

      (c) that as soon after that time as it was reasonably practicable for him to make a disclosure of the key or (if earlier) of sufficient information to enable possession of the key to be obtained, he made such a disclosure to the person to whom he was required to disclose the key.

    (4) Except in a case where there is no authorisation for the purposes of section 47, in proceedings for an offence under this section a person shall have a defence under subsection (3) only if he also shows that it was not reasonably practicable for him to comply with the requirement in the manner allowed by that section.

    (5) In proceedings against any person for an offence under this section it shall be a defence for that person to show that—

      (a) at all material times he used due diligence to store the key which he had or had had in his possession; and

      (b) that where the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it, that he did before that time, make a disclosure to the person to whom he was required to disclose the key, of all such information to his possession as was required by that person to enable possession of the key to be obtained.

    (6) Where a person is being proceeded against for an offence under this section, then at any stage of the proceedings, if evidence has been given of his having failed to comply with any requirement of a section 46 notice to disclose a key to protected information, the following evidence shall be admissible for the purpose of proving that he had an intention to impede access to protected information or the putting of that information into an intelligible form:—

      (a) evidence that he has or has had in his possession other information of value on grounds falling within section 46(3) or likely to be of value for purposes connected with the exercise or performance by any pubilc authority of any statutory power or statutory duty; and

      (b) provided that seven days notice in writing has been given to him of the intention to prove the conviction, evidence that he has within the [five] years preceding the date of the offence charged been convicted of any offence carrying a maximum sentence on conviction on indictment of five years imprisonment or more.

    (7) A person guilty of an offence under this section shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both;

      (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.'.


Technical Approval Board
   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC2

To move the following Clause:—

    'The Secretary of State shall appoint to a Technical Approval Board—

      (a) six representatives of persons appearing to him to be likely to be subject to technical obligations under this Act; and

      (b) such persons with statutory functions in relation to persons falling within paragraph (a).'.


 
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