Legal background
- This Act creates a new, standalone legal regime for UK law enforcement agencies and prosecuting authorities to obtain stored electronic data. Section 16 amends section 52 of the Investigatory Powers Act so as to require the Secretary of State to seek death penalty assurances in connection with a relevant international agreement, if the country or territory in question retains capital punishment. Apart from this provision, the Act does not amend existing legislation except for consequential purposes. The Act draws on existing legislative provisions that relate to the obtaining of material to assist a criminal investigation or prosecution such as the Police and Criminal Evidence Act 1984 (see in particular the powers under section 9 of, and Schedule 1 to, that Act to obtain a production order requiring the disclosure of special procedure material).
