Amendments made: 19, page 10, line 9, leave out subsection (1) and insert—
‘(1) This section applies to an application for an overseas production order if there are reasonable grounds for believing that the electronic data specified or described in the application consists of or includes journalistic data.”
See the explanatory statement for Amendment 20.
Amendment 20, page 10, line 16, at end insert—
‘(2A) Where this section applies, notice of the application must be served on—
(a) the person against whom the overseas production order is sought, and
(b) if different, the person by whom, or on whose behalf, the journalistic data is stored.
(2B) But a judge may direct that notice of an application need not be served on a person falling within subsection (2A)(b) if the judge is satisfied that—
(a) serving notice on the person would prejudice the investigation of an indictable offence or a terrorist investigation, or
(b) it is not reasonably practicable to establish the person’s identity or to make contact with the person so as to enable service to be effected.”
Clause 12 currently provides for an application for an overseas production order in respect of electronic data that consists of or includes confidential journalistic data to be on notice. As a result of this amendment, notice of an application for an order in respect of electronic data that consists of or includes journalistic data (whether or not confidential journalistic data) will have to be served on the person against whom the order is sought and, if different and unless a judge directs otherwise, the person who created or acquired the data for the purposes of journalism.
Amendment 21, page 10, line 20, leave out subsection (4)
This amendment is consequential on Amendment 19.
Amendment 22, page 10, line 39, at end insert—
‘(7) Subsections (8) and (9) of section 4 apply for the purposes of subsection (2B) of this section as they apply for the purposes of subsection (3)(a) of that section.
(8) In this section, “terrorist investigation” has the same meaning as in the Terrorism Act 2000 (see section 32 of that Act).”—(Mr Wallace.)
This amendment is consequential on Amendment 20.