Regulation of Investigatory Powers Bill — Failure to Comply with a Notice to Disclose a Key to Protected Information — 8 May 2000

(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 a section 46 notice with a requirement of that notice to disclose a key to protected information;

(b) there are reasonable grounds for believing that possession of the key is necessary to obtain access to the protected information or the putting of that information into an intelligible form; and

(c) he is a person who has, or who after the giving of the notice and before the time by which he was required to disclose the key, had possession of the key.

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

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

(b) there are reasonable grounds for believing that possession of the key is necessary to obtain access to the protected information or the putting of that information into an intelligible form;

(c) he a person--

(i) who has had possession of the key; and

(ii) who has, or who after the giving of the notice and before the time by which he was required to disclose the

key had, possession of information which would (either on its own or in combination with other information) enable possession of the key to be obtained; and

(d) with intent to impede access to protected information or the putting of that information into an intelligible form, he did not before the time by which he was required to disclose the key, make a disclosure to the person to whom he was required to disclose the key of all such information in his possession which would (either on its own or in combination with other information) 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 for that person to show--

(a) in the case of an offence under subsection (1), 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) in the case of an offence under subsection (2), that it was not reasonably practicable for him, before the time by which he was required to disclose the key, to make such a disclosure as is mentioned in subsection 2(d); and

(c) where in either case it has since that time become reasonably practicable for him to make a disclosure of the key or of information which would (either on its own or in combination with other information) enable possession of the key to be obtained, he has 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) A person guilty of an offence under this section shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two 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.'.-- [Mr. Simon Hughes.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:--

The House divided: Ayes 25, Noes 293.

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