xmlns:atom="http://www.w3.org/2005/Atom"

Part IIIInvestigation of electronic data protected by encryption etc.

Interpretation of Part III

56Interpretation of Part III

(1)In this Part—

(2)References in this Part to a person’s having information (including a key to protected information) in his possession include references—

(a)to its being in the possession of a person who is under his control so far as that information is concerned;

(b)to his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him; and

(c)to its being, or being contained in, anything which he or a person under his control is entitled, in exercise of any statutory power and without otherwise taking possession of it, to detain, inspect or search.

(3)References in this Part to something’s being intelligible or being put into an intelligible form include references to its being in the condition in which it was before an encryption or similar process was applied to it or, as the case may be, to its being restored to that condition.

(4)In this section—

(a)references to the authenticity of any communication or data are references to any one or more of the following—

(i)whether the communication or data comes from a particular person or other source;

(ii)whether it is accurately timed and dated;

(iii)whether it is intended to have legal effect;

and

(b)references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.