40Application of section 37 where user has died etcU.K.
(1)If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—
(a)the device has not been voluntarily provided to an authorised person by a user of the device, or
(b)no user of the device has agreed to the extraction of information from the device by an authorised person.
(2)Condition A is that—
(a)a person who was a user of the electronic device has died, and
(b)the person was a user of the device immediately before their death.
(3)Condition B is that—
(a)a user of the electronic device is a child or an adult without capacity, and
(b)an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.
(4)Condition C is that—
(a)a person who was a user of the electronic device is missing,
(b)the person was a user of the device immediately before they went missing, and
(c)an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
(5)The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.
Commencement Information
I1S. 40 not in force at Royal Assent, see s. 208(1)
I2S. 40 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(d)