'Person' as in Section 13

[Nicholas Bohm]

At 09:00 AM 8/6/1999 -0700, Paul Leyland wrote:
>
>> From: Nicholas Bohm [mailto:nbohm@ernest.net]
>> At 03:09 PM 8/6/1999 +0100, Brian Morrison wrote:
>> >On Fri, 06 Aug 1999 14:41:23 +0100, Nicholas Bohm wrote:
>> >
>> >>>If they
>> >>>were to comply, and were subsequently dismissed for doing 
>> so, would they
>> >>>have any claim to unfair dismissal?  
>> >>
>> >>Probably, since they acted under legal compulsion; but this 
>> argues for
>> >>conferring a special legal immunity for the making of a 
>> disclosure in good
>> >>faith in the belief that it was compelled by a clause 10 notice.
>> >
>> >Surely, if they comply with the request, they could then only be
>> >dismissed if the company were informed of the disclosure, and that
>> >would itself constitute "tipping off" would it not?
>> 
>> The company might find out some other way, perhaps.
>
>If the keys were so important to a company, would it not be wise to have
>them split between multiple parties specifically to prevent any single
>employee releasing them without authorization?  Several "n from m" schemes
>are available, such that any n persons can recover a key but any n-1 cannot.
>
>This brings up an interesting half-way house in the requirement that keys be
>released when demanded by the police.  Suppose, for example, I have enough
>information to generate a key if, and only if, I act in collusion with any
>two other people picked from a group of five.  Do I possess the key within
>the meaning of the Act?   If not, who does?   Any three people of the six
>acting together surely possess the key, but no individual or pair can
>possibly create the key.

I think this is what clause 12(2)(b) is about:  the key is not in your
possession, but something is in your possession which, when amalgamated
with similar fragments in the possession of others, will yield access to
the key.

In that case clause 10 notices have to be served to get the fragments
together with information about who else has the other fragments.  But
awkward when people are in different jurisdictions, some of which don't
provide these powers.

Regards,

Nicholas Bohm

Salkyns, Great Canfield,
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