On 12th February, HMSO published this new Act which allows law enforcement agencies to apply for a UK court order to get stored electronic data directly from a company or person based outside the UK.  It creates 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.

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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