Regulation of Investigatory Powers Act 2000 Explanatory Notes

Senior officer is defined in section 49(10)

260.Subsection (7) states that the requirement in subsections (5) and (6) does not apply where there are special circumstances to the case which mean that the purposes for which a notice is given would be defeated if it was served on a senior officer in an organisation (e.g. where that senior officer is a suspect in a criminal investigation).

261.Subsection (8) specifies the persons to whom a disclosure may be made by the recipient of a notice.

262.Subsection (9) ensures that a key which has been used solely for the purpose of generating electronic signatures does not have to be disclosed in response to a notice.

263.The effect of Schedule 2, which is introduced by subsection (11), is to set authorisation levels (described in Schedule 2) for permission to serve a notice under section 49. The level of authority required will vary depending on the power under which the protected information was, or is likely to be, lawfully obtained.

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