Overseas production orders

6Effect 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).