The privacy of UK individuals and business remains under threat despite
recent attempts to revise controversial legislation that allows authorities to
decrypt files on suspects' computers, experts warned today.
The warning follows changes to Part III of the 2000 Regulation of
Investigatory Powers (RIP) Act laid before Parliament on 18 June which are due
to come into effect on 1 October.
These revisions are designed to protect the privacy of individuals and the
commercial interests of businesses that hold sensitive encrypted information.
Original powers contained in Part III of the legislation were widely
criticised by civil rights groups for their intrusive nature.
Businesses, particularly in the financial services sector, expressed concerns
about data security and conflicts with data privacy rights.
"Managing encryption and encryption keys is a complex challenge in itself but
having to disclose keys to a third party under these new powers has the
potential to open up major security holes," warned Dr Nicko van Someren, chief
technology officer at
nCipher.
"However, the revisions in the new Code of Practice require the level of
security for any disclosed key material to, at minimum, match the security that
was accorded to it prior to disclosure.
"Furthermore, loss or damage arising from a failure to safeguard decrypted
information may give rise to civil actions against the authorities and
individual officers."
Robert Bond, head of intellectual property, technology and commercial law at
Speechly
Bircham LLP, said: "It remains to be seen whether these revisions to RIP Act
legislation will be enough to prevent some financial institutions moving their
headquarters out of the UK.
"But the revised restrictions on authorities to access keys without good
cause and due notice are to be welcomed."
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