Effects of disclosure order

(1) A person to whom a disclosure order is addressed– (a) shall use any key in his possession to obtain access to the protected information or traffic data; and (b) in accordance with the disclosure order, shall disclose the protected information or traffic data in an intelligible form. (2) When a disclosure order requiring access to protected information or traffic data or the putting of protected information or traffic data into intelligible form, is addressed to a person who is– (a) not in possession of the protected information or traffic data to which the order relates; or (b) incapable, without the use of a key that is not in his possession, of obtaining access to the protected information or traffic data or disclosing it in an intelligible form; he shall be taken to have complied with the order if he discloses any key to the protected information or traffic data that is in his possession or the identity of the person he knows to be in possession of the protected information or traffic data or a key to the protected information or traffic data. (3) It shall be sufficient for the purposes of complying with a disclosure order for the person to whom it is addressed to disclose only those keys, the disclosure of which is sufficient to enable the person to whom they are disclosed to obtain access to the protected information or traffic data and to put it in an intelligible form. (4) Where34 [CAP. 229:01Interception of Communications (a) the disclosure required by a disclosure order pursuant to this section allows the person to whom it is addressed to comply with the disclosure order without disclosing all of the keys in his possession; and (b) there are different keys in the possession of the person referred to in paragraph (a), the of which would constitute compliance with the order; that person may select which of the keys, to disclose for the purposes of complying with the disclosure order. (5) Where a disclosure order is addressed to a person who– (a) was in possession of a key to protected information or traffic data but is no longer in possession of it; and (b) if he had continued to have the key to the protected information or traffic data in his possession, would be required by virtue of the order to disclose it; and (c) is in possession of information that would facilitate the obtaining of discovery of the key to the protected information or traffic data or the putting of the protected information or traffic data into an intelligible form; that person shall disclose to the person to whom he would have been required to disclose the key, all such information as is mentioned in paragraph (c) for the purpose therein mentioned. (6) An authorised officer who obtains a disclosure order shall ensure that such arrangements are made as are necessary for ensuring thatInterception of Communications[CAP. 229:01 35 (a) a key disclosed pursuant to the disclosure order is used to obtain access to or put into intelligible form only the information or traffic data in relation to which the order was given; (b) every key disclosed pursuant to the disclosure order is stored, for so long as it is retained, in a secure manner, and any records of such key are destroyed as soon as no longer needed to access the information or put it in an intelligible form; and (c) the number of– (i) persons to whom the key is disclosed or otherwise made available; and (ii) copies made of the key; is limited to the minimum that is necessary for the purpose of enabling the protected information to be accessed or put into an intelligible form. (7) Subject to sub-section (8) of this section, where any relevant person incurs any loss or damage as a consequence of a breach by a person referred to in sub-section (6) of this section of the duty imposed upon him by that sub-section, the breach shall be actionable against the person referred to in sub-section (6) of this section at the suit or instance of the relevant person. (8) A person is a relevant person for the purposes of sub- section (7) of this section if he is– (a) a person who has made a disclosure in pursuance of a disclosure order made under section 14 of this Act; or 36 [CAP. 229:01Interception of Communications (b) a person whose protected information, traffic data, or key has been disclosed pursuant to a disclosure order made under section 14 of this Act; and loss or damage shall be taken into account for the purposes of section 14 of this Act to the extent only that it relates to the disclosure of a particular protected information, traffic data or a particular key which, in the case of a person failing within paragraph (b), shall be his information or key. (9) For the purposes of sub-section (8) of this section, (a) information belongs to a person if he has any right that would be infringed by an unauthorised disclosure of information; and (b) a key belongs to a person if it is a key to information that belongs to him or he has any right that would be infringed by an unauthorised disclosure of the key.