Lord Hanson of Flint (Lab)

My Lords, these amendments build on Clauses 130 to 137, which confer powers on law enforcement agencies to extract information from online accounts as part of their investigations into immigration crime and sexual abuse cases, and to protect national security and our borders. Taken together, Amendments 441 to 444, 452, 393 and 394 ensure that the police can access information held in the online accounts of individuals subject to national security-related civil orders. These include terrorism and state threat prevention and investigation measures, as well as youth diversion orders, which are being introduced by clauses earlier in this Bill. It is increasingly common for individuals to store data in the cloud for various reasons, such as to free up space on devices and, increasingly, because of the way devices or applications are designed, but also, regrettably, in some cases deliberately to make it less accessible to law enforcement. This is particularly the case with young people: police operational experience has shown that this cohort will regularly store data in online accounts. This data can be critical in supporting law enforcement to manage terrorist and broader national security risks. The increasing reliance on cloud data means that the police are likely to have an increased need to access cloud data as part of compliance checks where an individual—this is the important thing for the Committee—is subject to online restrictions as part of a civil order, such as the youth diversion order. These amendments will provide a clear statutory basis for officers to access cloud data when conducting a compliance check for an individual—again, this is the important point—who is subject to either a youth diversion order or a terrorism, state threat prevention or investigation measures order. The Police, Crime, Sentencing and Courts Act 2022 contains a provision allowing for the extraction of information from electronic devices in cases where the user has died. Amendment 392 will clarify that this power also now applies to online information, as long as the authorised person is satisfied that the power is proportionate and there is no other practical way of obtaining the information. Lastly, Amendments 389A to 389F are small but important drafting changes to Clause 132. The clause before the Committee identifies which senior officers may authorise the use of a power in Clause 130, which provides for a general extraction power for law enforcement agencies to obtain online information. Currently, the table refers to “Navy”, “Military” and “Force” but does not explicitly mention the police. I think noble Lords would wish the police to be mentioned, and therefore the amendments insert the term “Police” after each of those references to correct the omission. I hope that is clear to the Committee. This is in the specific circumstances that I have outlined in my speech, and I hope that noble Lords can accept the amendments at the appropriate time.