39Requirements for voluntary provision and agreementU.K.
(1)A person (“P”) is to be treated for the purposes of section 37 or 38 as having—
(a)voluntarily provided an electronic device to an authorised person, and
(b)agreed to the extraction of information from the device by an authorised person,
only if the requirements of this section have been met.
(2)An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.
(3)An authorised person must have given P notice in writing—
(a)specifying or describing the information that is sought,
(b)specifying the reason why the information is sought,
(c)specifying how the information will be dealt with once it has been extracted,
(d)stating that P may refuse to provide the device or agree to the extraction of information from it, and
(e)stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.
(4)Subject to subsection (5), P must have confirmed in writing that P has—
(a)voluntarily provided the device to an authorised person, and
(b)agreed to the extraction of information from the device by an authorised person.
(5)If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—
(a)P must have given that confirmation orally, and
(b)an authorised person must have recorded P’s confirmation in writing.
(6)If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).
(7)If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).
Commencement Information
I1S. 39 not in force at Royal Assent, see s. 208(1)
I2S. 39 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(c)