WHAT HAPPENS TO SEIZED DATA THAT FALLS OUTSIDE THE SCOPE OF A SEARCH WARRANT?

CMS Law on 2nd July published an article saying that although previous cases in England & Wales have considered the obligations of an Authority in relation to data that has been unlawfully seized, a recent case appears to be the first to have considered a scenario where data is lawfully seized under a search warrant, but subsequently argued to be outside the scope of that warrant.  In a judicial review challenge of a Crown Court decision to refuse an application to require a trading standards authority to return data copied from seized devices which fell outside the scope of the search and seizure warrants, the High Court has held that an investigating authority’s duty to identify and “return” such seized property extended, in the context of copied electronic data, to deleting that copied data.  However, the data need not be deleted if, taking a pragmatic and practical view of the factual context, it is not reasonably practicable to separate it from data that falls within the warrant.

http://www.cms-lawnow.com/ealerts/2018/07/what-happens-to-seized-data-that-falls-outside-the-scope-of-a-search-warrant?cc_lang=en

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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