Letwin wants increased penalties for refusal to decrypt

[Richard Clayton]

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In article <0208171158500D.00851@osborne>, Adrian Midgley
<akm@92tr.freeserve.co.uk> writes

>On Saturday 17 August 2002 09:08, you wrote:
>
>> Finally, when there is a Code of Practice for this part of the Act
>> expect it to say something about taking account of the intrusion
>> involved when asking for material to be decrypted that is special - viz
>> correspondence with/by lawyers, journalists and ministers of religion.
>
>Not doctors?  Chiz!

sorry, I wasn't intending to miss you out :)

of course we've no idea what will be in the Part III CoP (though people
who saw drafts in the Spring seem to have been completely underwhelmed).

What's in the Part I Chapter I CoP (Interception) may be a guide:

    3.2 Particular consideration should also be given in cases where the
    subject of the interception might reasonably assume a high degree of
    privacy, or where confidential information is involved. Confidential
    information consists of matters subject to legal privilege,
    confidential personal information or confidential journalistic
    material (see paragraphs 3.9-3.11). For example, extra consideration
    should be given where interception might involve communications
    between a minister of religion and an individual relating to the
    latter's spiritual welfare, or where matters of medical or
    journalistic confidentiality or legal privilege may be involved.

What this means of course is that you point out to the officer that your
disk contains patient records - the officer weighs this up, and then
asks you to decrypt it anyway :)  however, that's perhaps over-cynical.

However, for proper protection one might look for you being able to draw
the officers attention to the nature of the contents AFTER the notice is
served (clearly there's no "after" in Part I Chapter I because you never
learn you were bugged). This would be with a view to having the officer
reconsider their request.... One more thing to look for (and not find,
after all we can trust the officer not to peek) in the CoP when it
eventually turns up for consultation.

- -- 
richard                                              Richard Clayton

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