People in the UK who encrypt their data are now obliged by law to give up the
encryption keys to law enforcement officials if requested under the
Regulation
of Investigatory Powers Act 2000 (RIP Act).
Section 49 of Part III of the RIP Act compels a person, when served with a
notice, to hand over an encryption key or render the requested material
intelligible by the authorities.
This section of the legislation was included in the original draft but was
not activated because encryption was not considered to be sufficiently widely
used at the time to be of concern.
If the order to give up the encryption keys forms part of a terrorism
investigation, refusal to do so can mean up to five years in jail. In
non-terrorism cases refusal can mean a two-year sentence.
The new law came into effect from 1 October, the same day that the RIP Act
forced all telecoms companies to
log
details about every call and text message sent and received in the UK for
one year.
The
Home
Office claims that the move will help in the investigation of terrorists as
well as criminal gangs and paedophiles.
"The measures are intended to ensure that the ability of public authorities
to protect the public and the effectiveness of their other statutory powers are
not undermined by the use of technologies to protect electronic information,"
said a spokesman for the Home Office.
Civil liberty groups have slammed the activation of this part of the Act,
however, saying that is it a major invasion of privacy and will have little or
no purpose in solving crimes.
Those who genuinely have something to hide would be better off serving the
two-year or five-year sentence than giving up the encryption key, the groups
say.
Some commentators have also pointed out that, as the encryption key is
usually a long series of alphanumeric characters, it is possible that the key
may have been lost or forgotten, leaving the owner having to protest their
innocence.
The Home Office defended the move, saying that it was consistent with the
European
Convention on Human Rights, which was last amended on 20 January 1966.
The UK government also made assurances that all requests would be necessary
and proportionate.
If the authorities demand that information is provided from someone who
believes this is not the case, the accused has the option of registering a
complaint with the
Investigatory
Powers Tribunal which has the power to enforce or reject the demand.
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