What is a Section 49

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Section 49 provides the power to serve a RIPA notice requiring a suspect to disclose a password or code allowing access to electronic data. This means the Police can serve a notice if:

  • The key, password, code is in the possession of the person given notice.
  • Disclosure is necessary in preventing or detecting crime.
  • Disclosure is proportionate.
  • The protected material cannot be obtained by other reasonable means.

It is a criminal offense not to comply with a section 49, however if your unable to remember the password or sufficient time has passed and you’ve forgotten. It is hard in some cases to enforce.

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