Order requiring disclosure of protected information, etc

(1) Where information has come into the possession of an authorised officer by virtue of an interception direction or an entry warrant, pursuant to this Act, or by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so, or has otherwise come into possession of an authorised officer by any other lawful means, and he has reasonable grounds to believe that– (a) a key to protected information or traffic data is in the possession of any persons; and (b) disclosure of the information or data is necessary for any of the purposes specified in section 6(1) (a) of this Act. the Director of Public Prosecutions or the Director of the Financial Intelligence Unit may apply in the prescribed form on his behalf to a Judge in chambers for a disclosure order requiring the person whom he believes to have possession of the key to provide disclosure in respect of the protected information or traffic data. (2) A disclosure order under sub-section (1) of this section– (a) shall, (i) be in the prescribed form; (ii) describe the protected information or traffic data to which the order relates; 32 [CAP. 229:01Interception of Communications (iii) specify the time by which the order is to be complied with, being a reasonable time in all the circumstances; and (iv) set out the disclosure that is required by the order, and the form and manner in which the disclosure is to be made; and (b) require the person to whom it is addressed to keep confidential the contents of the existence of the order. (3) In granting a disclosure order required for the purposes of sub-sections (1) and (2) of this section, the Judge shall take into account– (a) the extent and the nature of any protected information or traffic data to which the key is also a key; and (b) any adverse effect that complying with the order might have on a business carried on by a person to whom the order is addressed; and shall permit only such disclosure as is proportionate to what is sought to be achieved, allowing, where appropriate, for disclosure in such a manner as would result in the putting of the information or data in intelligible form other than by disclosure of the key itself. (4) A disclosure order made pursuant to this section shall not require the making of any disclosure to a person other than– (a) the authorised officer named in the disclosure order; or (b) such other person, or description of persons, as may be specified in the disclosure order. Interception of Communications[CAP. 229:01 33