'Person' as in Section 13

Ian Miller Ian_Miller at scientia.com
Fri, 06 Aug 1999 14:16:37 +0100


I hope the lawyers will excuse my ignorance and go some way to dispelling it.

My understanding is that a legal 'person' can be a 'natural person' or a
company.  Section 13 seems to refer to just to persons so could refer to
either.  Assuming the legisation was passed as currently drafted how are
the courts likely to rule on the following:-

An individual is a company's senior system administrator (as it happens I
am; hence the interest) and they have access to company's master encryption
keys.  However they only have access by dint of their position, not as a
private individual.  Release of those keys to a third party is summary
dismissal offence.  If the system administrator was personally served with
a warrant, would they be justified in refusing to comply on the grounds
that they, as a private person, have no lawful access to the key?  If they
were to comply, and were subsequently dismissed for doing so, would they
have any claim to unfair dismissal?  If the warrant was served on the
company, then presumably the 'company' is deemed to know about the warrant.
 Under these circumstances who in the company could be told about it?  The
directors, shareholders, employees?

It strikes me that the precise interpretation of this could be very
important in organising the security measures protecting keys. 

Ian