An Interesting RIP Report Stage Amendment

[Charles Lindsey]

	On Thu, 6 Jul 2000 18:04:04 +0100
	Brian Gladman <brian.gladman@btconnect.com> said...

> "The matters to be taken into account in considering whether
> the requirement of subsection (2)(b) is satisfied in the case of
> any direction shall include the extent and nature of any protected
> information, in addition to the protected information in respect of
> which the disclosure requirement is imposed, to which the key
> is also a key."

This is actually an amendment from the Earl of Northesk in Committee,
rewritten by the HO with twice the word count.
> 
> This clause seems to say that the authorities must take into account
> ***other*** information that a seized key might protect. Since the
> authorities have no right to such information (not even a right to know
> whether it exists) I can only see one way in which they can take this into
> account.
> 
> Plod: "I wan't your key";
> Me: "If you seize my key you are obliged by law to take account of all the
> information that my key protects";

Sure. But this is just the SOS or whoever being required to "take
account" of something. He can't take account of what he doesn't know
about, so I think you have to tell him at least enough to give him
something to think about.

This amendment helps slightly on Clause 49, but there are still other
problems not addressed.


Charles H. Lindsey ---------At Home, doing my own thing------------------------
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