Hansard: Written Answer: at least 8 RIPA part III section 49 notices since last October

[Watching Them, Watching Us]

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http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080429/
text/80429w0027.htm#column_361W

"29 Apr 2008 : Column 361W

Regulation of Investigatory Powers Act 2000

David Davis: To ask the Secretary of State for the Home Department
(1) how many people have been (a) proceeded against for and (b)
convicted of failing to disclose information in encrypted form
under section 53 of the Regulation of Investigatory Powers Act
2000; [200550]

(2) how many prosecutions and convictions there have been under the
Regulation of Investigatory Powers Act 2000 for withholding
passwords and encryption keys to hard drives since that provision
entered into force. [200588]

Jacqui Smith [holding answer 23 April 2008]: These provisions came
into force on 1 October 2007 and to date eight section 49 notices
have been served, four of which were in terrorism related cases. In
these four cases two people have been charged with the offence of
failing to comply with a section 49 notice, and the appropriate
investigating authorities are also considering what action to take
in regard to the other two terrorist related cases. These cases
have yet to come before the courts.

In two of the remaining (non-terrorism related cases) the
encryption keys have been disclosed."

Note that from these vague details, it does not appear that anyone
has yet just handed over plaintext, whilst  retaining their secret
cryptographic decryption keys.

There is nothing in the Statutory Code of Practice which ensures
that the seized Cryptographic Keys or any disclosed data which was
handed over as plaintext, is actually being protected in transit or
in storage,  by the Police or other agencies, with their own
encryption.

regards

Mark

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