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Crime (Overseas Production Orders) Act 2019

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Change 1

What to do with it
As published

6 Effect of order

(1) A requirement in an overseas production order to produce the electronic data specified or described in the order is a requirement to produce the electronic data in a form— (a) in which it can be taken away, and (b) in which it is visible and legible or from which it can readily be produced in a visible and legible form. (2) A requirement in an overseas production order to give access to the electronic data specified or described in the order is a requirement— (a) to give access to the electronic data in a form in which it is visible and legible, and (b) if so required by the specified person or, as the case may be, by a person of the specified description, to produce the electronic data in a form— (i) in which it can be taken away, and (ii) in which it is visible and legible or from which it can readily be produced in a visible and legible form. (3) In subsection (2)(b), “specified” means specified in the overseas production order by virtue of section 5(4)(a). (4) The requirement to produce or, as the case may be, give access to electronic data imposed by an overseas production order on the person against whom it is made— (a) applies regardless of where the electronic data is stored, (b) does not require the person to produce or, as the case may be, give access to any electronic data that is excepted electronic data, (c) does not require the person to do anything that (taking into account the existence of the overseas production order) would result in the person contravening the data protection legislation, and (d) has effect, subject to paragraph (c), in spite of any restriction on the disclosure of information (however imposed).

Your change, as a redline

6 Effect of order

(1) A requirement in an overseas production order to produce the electronic data specified or described in the order is a requirement to produce the electronic data in a form— (a) in which it can be taken away, and (b) in which it is visible and legible or from which it can readily be produced in a visible and legible form. (2) A requirement in an overseas production order to give access to the electronic data specified or described in the order is a requirement— (a) to give access to the electronic data in a form in which it is visible and legible, and (b) if so required by the specified person or, as the case may be, by a person of the specified description, to produce the electronic data in a form— (i) in which it can be taken away, and (ii) in which it is visible and legible or from which it can readily be produced in a visible and legible form. (3) In subsection (2)(b), “specified” means specified in the overseas production order by virtue of section 5(4)(a). (4) The requirement to produce or, as the case may be, give access to electronic data imposed by an overseas production order on the person against whom it is made— (a) applies regardless of where the electronic data is stored, (b) does not require the person to produce or, as the case may be, give access to any electronic data that is excepted electronic data, (c) does not require the person to do anything that (taking into account the existence of the overseas production order) would result in the person contravening the data protection legislation, and (d) has effect, subject to paragraph (c), in spite of any restriction on the disclosure of information (however imposed).

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