On 30th November, the House of Commons Library published a briefing paper on the Bill which would create a framework to enable law enforcement agencies and prosecutors to apply to a UK court for an ‘overseas production order’ requiring a person (in practice, generally a communications service provider or ‘CSP’) in a foreign jurisdiction to produce or grant access to electronic data for the purposes of investigating and prosecuting serious crime.  An application would only be granted if the judge was satisfied that the data was likely to be of substantial value to the criminal proceedings or investigations for which it was sought, and that it would be in the public interest.  The Bill was introduced in the House of Lords on 27th June and had its 3rd reading on 20th November and is due to have 2nd reading in the House of Commons on 3rd December.

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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