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Key definition
Data definition

What does Data mean? In legal practice, data describes information recorded in any form—especially electronically stored information (ESI)—organised or capable of being organised for a particular purpose, and capable of being processed or transmitted. It covers structured and unstructured material such as database entries, spreadsheets, emails and messaging content, documents, images, audio/video, metadata, system logs, backups and cloud-stored content. Data is not defined in the Civil Procedure Rules of England and Wales (nor generally in equivalent court rules), which instead use the broad concept of a document as anything in which information is recorded, encompassing electronic data and metadata. Statutes define data contextually: UK GDPR...

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RIPA 2000 Part III (as amended): UK powers to compel decryption or key disclosure—authorisation, procedure, proportionality, secrecy, offences and enforcement

Practice notes
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While the Investigatory Powers ACT 2016 (IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 (RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide...

Investigation of encrypted electronic Data

RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic communications. Such protection can be implemented in various ways; at its simplest, a password may unlock the data and render it accessible in an intelligible form...

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Richard Hanstock
Richard Hanstock

Richard is a public law barrister who enjoys applying the law to build and maintain sustainable communities. He advises and represents a wide range of public authorities, including local councils, government departments and police forces, as well as private individuals, companies and interest groups. Having volunteered as a police officer for 13 years, Richard is well-equipped to provide highly practical and realistic advice alongside robust and persuasive advocacy inside and outside court. He has extensive experience of managing anti-social behaviour, disorder within licensed premises and persistent breaches of planning control, supporting clients to navigate challenging legal landscapes to achieve a just outcome for communities, businesses and individuals. Richard is a deep specialist in the regulation of investigatory powers, including confiscation proceedings and police law. He is an expert in computer misuse and cyber security, building on his academic research on denial of service attacks at the...

Web page updated on 21/05/2026

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