Encryption
How encryption is used
The increase in the development of technology to store and protect electronic date has led to an increased availability of encryption products. This in turn means that investigators have been encountering more frequently cases of data being protected.
Increased availability of encryption products
The development of technologies that use, store and protect electronic data for example: files, documents and pictures, has had a profound effect on all of our lives over the last ten years. These technologies provide ever more new and diverse opportunities to communicate and share information, to learn, to be entertained and to do business.
For electronic business transactions in particular, whether it is providers in a supply chain or individuals buying services online, the need to be able to protect electronic data in order to communicate orders securely and to store customers and client’s data securely is integral to the continuing development of electronic business.
Encryption products being used to evade the law
The same technology that enables electronic business to flourish, and protects individual’s data, is also being used to facilitate and conceal evidence of unlawful conduct to evade detection or prosecution.
If information or evidence cannot be readily derived from protected electronic data, the delay can put pressure upon the police and influence charging decisions and custody time limits. This could potentially lead to individuals who pose a threat to the public being released without charge.
Over the last two to three years, investigators have begun encountering encrypted and protected data with increasing frequency. For example:
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Mr A was convicted of attempting to procure a child aged 10 for sex and sentenced to three years imprisonment. He was in possession of encrypted files that remain unintelligible.
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Mr B was suspected of possession of indecent images. He was found to be in possession of 27 encrypted disks, none of which could be opened.
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Two individuals possessed a set of encrypted disks. Only a few of these could be accessed. They were sentenced on the basis of these. The rest remain unopened.
In cases such as these, implementation of the Part III powers would provide an ability to prosecute offenders who fail to comply with a lawful disclosure requirement that makes their protected information available.
Draft Code of Practice for the Investigation of Protected Electronic Information
Earlier this year we consulted on the Draft Code of Practice for the Investigation of Protected Electronic Information covered by Part III of RIPA. Feedback has been considered, and the code of practice has received Parliamentary approval.
