Regulation of Investigatory Powers Act 2000 Explanatory Notes

Investigation of Electronic Data Protected by Encryption etc

11.This Part contains provisions to maintain the effectiveness of existing law enforcement powers in the face of increasing criminal use of encryption. Specifically, it will introduce a power to require disclosure of protected (encrypted) data.

12.The first consultation on this subject was undertaken by the previous administration in March 1997. A broader consultation “Building Confidence in Electronic Commerce: A Consultation Document” was launched on 5 March 1999 (URN 99/642). Finally, provisions very similar to these were published as Part III of the draft Electronic Communications Bill issued for consultation on 23 July 1999 (CM 4419).

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