RULES ON THE EFFECT OF IMPOSING DISCLOSURE REQUIREMENTS paras 5.1 to 5.4
RULES ON THE EFFECT OF IMPOSING DISCLOSURE REQUIREMENTS
5.1 The effect of giving a notice to a person who, at the time the notice is served, is in possession of both the protected information[14] a means of obtaining access to the information and of disclosing it in intelligible form (using a key or keys) is that he (or she):
- [14] Possession of the protected information includes being provided with protected information or a copy of it that has come into the possession of any person.
- may use any key or keys in his (or her) possession to gain access to the information or to put it into an intelligible form, and
- is required to disclose the information described in the notice in an intelligible form, and
- is required to make that disclosure in accordance with the notice.
5.2 The person given notice to disclose the information in an intelligible form can nonetheless choose to disclose any key or keys (including any session key or keys) giving access to the information in an intelligible form, together with any relevant details of the cryptographic or other process used to protect the information.
5.3 Voluntary disclosure of the key or keys providing access to the protected information in an intelligible form, to the person to whom disclosure of the intelligible information was required, and by the time that disclosure was required, will mean that the person given notice to disclose the information in an intelligible form shall have complied with the requirement imposed on him (or her) to do so.
5.4 Where a disclosure requirement is to be imposed upon a business or service provider in order to assist an investigation or operation, appropriate consideration must be given to minimising any actual or possible disruption to the business or service, or any actual or possible inconvenience or unfairness to the customers of the business or users of the service.