Consultation on the Draft Code of Practice for the Investigat ion of Protected Electronic Information: Part III of the Regulation of I nvest igatory Powers Act 2000

[Glyn Wintle]

The ripa consultation contains the following.

18.Where, in those specific circumstances, the person
found guilty of the section 53 offence could show that
the protected information did not contain an indecent
photograph or pseudo-photograph of a child they could
be liable to no more than a maximum term of two years.

How would it be possible for some one to show that an
encrypted portion of data did not contain an indecent
photograph of a child? I guess they could say it was
too small an amount of data, but would there be any
other ways? For example in the case of some one with
an encrypted hard drive.

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