3Prohibition on key escrow requirements
1
Subject to subsection (2), an order under section 1 shall not impose a requirement on any person to deposit a key for electronic data with another person.
2
Subsection (1) shall not prohibit the imposition by an order under section 1 of—
a
a requirement to deposit a key for electronic data with the intended recipient of electronic communications comprising the data; or
b
a requirement for arrangements to be made, in cases where a key for data is not deposited with another person, which otherwise secure that the loss of a key, or its becoming unusable, does not have the effect that the information contained in a record kept in pursuance of any provisions made by or under any statutory provision becomes inaccessible or incapable of being put into an intelligible form.
3
In this section “key”, in relation to electronic data, means any code, password, algorithm, key or other data the use of which (with or without other keys)—
a
allows access to the electronic data; or
b
facilitates the putting of the electronic data into an intelligible form;
and references in this section to depositing a key for electronic data with a person include references to doing anything that has the effect of making the key available to that person.