Regulation of Investigatory Powers Act 2000

Home Department written question – answered on 3rd November 2009.

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Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs)

To ask the Secretary of State for the Home Department how many people have been (a) cautioned, (b) prosecuted and (c) convicted of offences under section 53 of the Regulation of Investigatory Powers Act 2000; and how many of those convicted received the maximum sentence.

Photo of Claire Ward Claire Ward Parliamentary Under-Secretary, Ministry of Justice

I have been asked to reply.

The encryption provisions of the 2000 Regulations of Investigatory Powers Act (RIPA) came into force on 1 October 2007. Up to the end of 2007 (latest available) there have been no persons reported to the Ministry of Justice as being cautioned, prosecuted or convicted under section 53 of the Act in England and Wales. Some information is available in the Chief Surveillance Commissioner's report for 2008-09 which shows there were two s53 convictions for failing to disclose the key to protected information.

The Government are satisfied that offences set in RIPA are appropriate and that the legislation is being used effectively.

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