Comment by JasperBit
5 hours ago
The standard of proof is reasonable grounds, don't forget your passwords because this is an incredibly low bar to pass.
>in preventing or detecting crime
If the police are requesting a s.49 notice it goes without saying that it will be for preventing or detecting crime, but notices can also be issued to ensure the exercise or performance of public bodies, statutory powers, or statutory duties without such a requirement.
>Disclosure is proportionate.
In regards to what is sought to be achieved by the disclosure. It is not disproportionate to request disclosure for the purpose of preventing or detecting crime regardless of how benign that crime is.
>If the protected information cannot be obtained by reasonable means.
The law has been used against people for failing to give up Facebook passwords. The police routinely ask companies for information without a warrant and they're usually legally denied such requests based on GDPR grounds. 'Reasonably practicable' means nothing if it can be bypassed by police trying their luck without a warrant.
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