Protection of Children (Encrypted Material) Bill 2008-09

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House	Bill	Date
	Bill as introduced | PDF version, 76KB	13.03.2009

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Latest news on the Bill

This Bill was presented, through the ballot procedure, to Parliament on 21 January. This is known as First Reading and there was no debate on the Bill at this stage.

The Bill has been dropped by its sponsor and will make no further progress this Session.

Summary of the Bill

Law enforcement agencies have become increasingly concerned that encryption is being used to hide indecent photographs of children. This Bill aims to give greater protection to children by raising the penalty for failing to provide the 'key' to encrypted data to the police when requested. It would also make the offence of refusing to provide the key subject to notification requirements when the provisions of the Bill apply. The higher penalty would apply in one of three defined circumstances:

• where the offender has been previously convicted of a 'relevant sexual offence'
• where the offender is currently in possession of an indecent photograph of a child although he has not yet been prosecuted for it
• where the court is satisfied on the balance of probabilities that the protected data is likely to include an indecent photograph of a child.

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