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A judge can sign an order commanding a witness or party to preserve documentation and evidence, under penalty of contempt of court. However, there is still a gr
by otterley 5y ago
A judge can sign an order commanding a witness or party to preserve documentation and evidence, under penalty of contempt of court. However, there is still a great deal of uncertainty as to what actions the subject of the subpoena must take in order to preserve that evidence. It's pretty clear that you have to disable automated destruction mechanisms, you can't disable any recording functions you may already have, and you can't go and shred relevant papers in your possession; but whether a court can order you to write code or take other burdensome steps in order to record certain electronic records that you didn't record before to assist an ongoing investigation is still a very open question.
- flipbrad 5y agoSadly, not an open question in the UK.
- otterley 5y agoWhat's the law in the UK, out of curiosity?
- flipbrad 5y agoEven assuming we're just talking about traffic data rather than content of communications: https://www.legislation.gov.uk/ukpga/2016/25/section/87/enacted https://www.legislation.gov.uk/ukpga/2016/25/section/87/enac... Ctrl+f for "generation"
- vhanda 5y agoOut of curiosity do you if you're within your rights to say "this will cost 'x' amount, we cannot afford it" or say if this is requested we would prefer to dissolve the company? Basically can the UK government compel you under the threat of criminal prosecution?
- flipbrad 5y agoI don't know of any instance when someone has threatened to close the company, in the UK (but then again, these notices aren't public knowledge, so just because you don't hear something doesn't mean it doesn't happen). Noncompliance with a data retention notice lands you in court, but it's a civil matter, not criminal - though if you then ignore an order of the court, you could be facing some jail time and/or a fine for contempt of court. https://www.legislation.gov.uk/ukpga/2016/25/section/95/ https://www.legislation.gov.uk/ukpga/2016/25/section/95/ Regarding compliance costs, there's a vague provision in the IPA for contribution to your expenditure: https://www.legislation.gov.uk/ukpga/2016/25/section/249 https://www.legislation.gov.uk/ukpga/2016/25/section/249 A little more detail, although not much, can be found in the accompanying Communications Data Code of Practice I am a lawyer, but I am not YOUR lawyer.
- deleted 5y ago[deleted]