(The Minister of State for
Security):During the passage of the Crime (Overseas
Production Orders) Act earlier this year, my rt hon Friend, the
previous Minister of State for Security and Economic Crime made a
commitment to attempt to secure assurances related to the US use of
the death penalty in relation to data acquired from a UK
Telecommunications Operator pursuant to the UK/US Agreement, and to
formally update this House as to the outcome of those attempts.
The UK/US Agreement was signed on 3 October 2019 and a command
paper was laid before this House on 7 October. The Agreement is a
vital tool to facilitate law enforcement in the prevention,
detection, investigation, and prosecution of serious crime, and
to protect the public. It will remove any legal prohibitions
which would otherwise prevent communications service providers
(CSPs) in each country from complying with lawful orders for the
production of electronic communications from the other, avoiding
a conflict of laws and greatly facilitating the investigation and
prosecution of serious crime.
We have agreed a binding position with the US, enshrined in the
body of the Agreement, preventing them from using material
obtained from a UK telecommunications operator under the
Agreement as prosecution evidence in a US case where the death
penalty may be imposed, unless they obtain the prior permission
of the UK to use that material as prosecution evidence.
This will allow Ministers to make a decision on a case by case
basis, continuing the existing practise under Mutual Legal
Assistance. It is the policy of this Government to continue to
oppose the death penalty in all circumstances.
The Death Penalty has been recognised as a UK essential interest
on the face of the Agreement, enshrined in Article 8 section 4:
Where an Issuing Party has received data pursuant to Legal
Process from a Covered Provider, and
-
The United Kingdom has declared that its essential
interests may be implicated by the introduction of such data as
evidence in the prosecution’s case in the United States for an
offense for which the death penalty is sought;
…
Prior to use of the data in a manner that is or could be
contrary to those essential interests, the Issuing Party shall
via, the Receiving Party’s Designated Authority, obtain
permission to do so. The Receiving Party’s Designated Authority
may grant permission, subject to such conditions as it deems
necessary, and if it does so, the Issuing Party may only
introduce this data in compliance with those conditions. If the
Receiving Party does not grant approval, the Issuing Party shall
not use the data it has received pursuant to the Legal Process in
that manner.
