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The Crime (Overseas Production Orders) Bill was introduced in
the Lords yesterday. The bill will allow law
enforcement agencies to apply for a UK court order to get stored
electronic data directly from a company or person based outside the
UK.
Details
Increasingly, terrorists and criminals are using global
communications services or applications to facilitate their
criminal activities
This makes the stored electronic data generated by these
services and applications a vital source of evidence which
is increasingly important for the investigation and
prosecution of criminal offences. The companies providing
these services and applications, or processing the data
generated from using them, are often located outside the
UK. Enabling cross-border access to this information is a
high priority for the UK government and our operational law
enforcement and prosecution agencies.
The Crime (Overseas Production Orders) Bill will provide
law enforcement agencies and prosecutors the power to apply
for a UK court order to obtain stored electronic data
directly from a company or person based outside the UK for
the purposes of UK investigations and prosecutions of
criminal offences. A court order can only be granted where
there is an international co-operation agreement in place
between the UK and the country the company or person is
located in.
The main provisions set out:
- the scope and reach of an overseas production order
(OPO) and who may apply for one
- the requirements which need to be met before a judge
makes an OPO and what must be included in the application
for an order
- the restrictions on serving an OPO, including the time
period within which the data covered by the OPO must be
supplied
- the additional safeguards and requirements for certain
types of data
- the ways of serving an OPO
BILL
EXPLANATORY NOTES
