Overview

This bill amends the law on Overseas Production Orders (OPOs), which allow UK law enforcement to request electronic data held overseas. Amendments strengthen data protection safeguards, particularly regarding journalistic data and data relating to potential death penalty offences in other countries. The bill also clarifies the circumstances under which OPOs can be issued for terrorist investigations.

Description

The key changes introduced by this bill include:

• Strengthened safeguards for journalistic data: The bill mandates notice be given to both the data subject and the data holder (e.g., a news organisation) before an OPO targeting journalistic material is issued, unless doing so would harm the investigation. Exceptions are made for terrorist investigations.
• Increased protections under data protection legislation: The bill explicitly prevents the issuing of OPOs that would violate the UK's data protection laws and adds an explicit requirement that the judge must be satisfied the requested data is likely to be relevant evidence (unless a terrorist investigation).
• Clarification on "relevant evidence": The bill defines "relevant evidence" as anything admissible in court for the relevant offence.
• Amendments to the Investigatory Powers Act 2016: The bill adds requirements to ensure that international agreements used for interception of communications do not result in information being used in death penalty cases.
• Terrorist Investigations: Some data protection requirements are waived if the OPO relates to a terrorist investigation.

Government Spending

The bill is unlikely to significantly impact government spending. The amendments primarily focus on procedural changes and increased safeguards, rather than substantial new expenditures.

Groups Affected

• Law enforcement agencies: The bill will affect their ability to obtain electronic data held overseas, with enhanced safeguards in place.
• Individuals: Individuals whose data is subject to OPO requests will benefit from additional data protection measures.
• Journalists and media organisations: These groups receive enhanced protection for journalistic material, although exceptions exist for terrorist investigations.
• Technology companies: Companies holding data subject to OPOs will have added responsibilities concerning data protection and notification requirements.

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