Overview

This bill amends the law on Overseas Production Orders (OPOs), which allow UK law enforcement to obtain electronic data held overseas. Amendments clarify the circumstances under which OPOs can be issued, introduce additional safeguards concerning journalistic data and data protection, and restrict the use of OPOs in relation to countries with the death penalty.

Description

The bill makes several key changes to the existing legal framework for Overseas Production Orders:

• Reasonable Grounds for Belief: Requires reasonable grounds to believe that the requested data is relevant evidence in non-terrorist investigations.
• Data Protection Compliance: Ensures OPOs cannot require actions that violate UK data protection laws.
• Journalistic Data Protection: Introduces additional safeguards for journalistic data, requiring notice to both the data subject and the data holder (unless this would prejudice the investigation or is impractical).
• Definition of Crime: Clarifies the definition of "crime" for the purposes of OPOs, extending it to offenses under UK law that would also be offenses in other parts of the UK if committed there.
• Death Penalty Countries: Amends the Investigatory Powers Act 2016 to prevent the designation of international agreements for data interception with countries where death penalty offenses are involved, unless assurances are given regarding non-use of obtained information for death penalty prosecutions.

Government Spending

The bill is unlikely to significantly increase or decrease government spending. The primary cost implications relate to the administrative burden of implementing the new safeguards and requirements.

Groups Affected

• Law enforcement agencies: Will be affected by the new requirements and limitations on obtaining electronic data overseas.
• Individuals whose data is sought: Benefit from enhanced data protection measures.
• Journalists and news organizations: Receive specific protection for their data, through the added notification requirements.
• Technology companies holding data overseas: Will need to comply with the new legal framework concerning OPO requests.
• International partners: The changes regarding international agreements with death penalty countries may affect cooperation with certain jurisdictions.

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