PC Probe: Your laptop isn't safe from the police's prying eyes

 

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By Stewart Mitchell

Posted on 30 Jul 2007 at 10:18

Part III of RIPA has also come under fire because it assumes anyone with encrypted data on their PC isguilty of something unless they reveal the information, which could prove impossible. "They're passing on the burden of proof, so it's up to you to prove that you haven't got the key, or that you've forgotten it," says Akdeniz.

Even without Part III of RIPA in force, there are methods for the authorities to force decryption. A Home Office spokesperson was surprisingly frank about the fact that "if you didn't provide a key, you'd be sat in a room until you came up with the password", but there are legally binding procedures in place.
"Legally, they can subpoena the information - they go to court if they believe you have material on your computer that could be relevant to a case," says Clafe. "They can demand that you must make information available or else you're in contempt of court and could be imprisoned until you reveal the data."

Whether at home or abroad, you can't assume any data stored on your laptop will remain "for your eyes only".