Member News
Conservative MP Sir Paul Beresford outlines the principles of his Protection of Children (Encrypted Material) Bill.
This short Bill is designed to give greater protection to children by raising the penalty for failing to provide the 'key' to encrypted data to the police when requested.
Law enforcement agencies are becoming increasingly concerned that encryption is being used to hide indecent photographs of children.
More sophisticated encryption programs are becoming increasingly prevalent. For example the latest version of Microsoft Vista includes the ability to automatically encrypt data.
Part 3 of the Regulation of Investigatory Powers Act 2000 allows for the police to request the 'key' to encrypted data or request that it is provided to them unencrypted. The maximum penalty for refusal is currently two years imprisonment.
However, if they do disclose the data they are liable to a maximum sentence of either five years for possession of an indecent photograph of a child or 10 years imprisonment for making an indecent photograph of a child.
The Sentencing Guidelines Council recommends that for the latter the ordinary maximum should be five years.
This means that there is no incentive for disclosure of the 'key'. It is important to the police and the child protection agencies that such data is disclosed.
Firstly any other individuals involved either directly or indirectly in the photographs or their production may be traced and prosecuted.
Secondly, and in some ways most importantly, the abused child may be traced and protected.
Dods Parliamentary Communications Ltd