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Recent amendments proposed by the UK government to the Crime and Policing Bill will raise concerns for those monitoring the expanding surveillance toolkit available to public authorities.
Not yet enshrined in law (these changes are currently advancing through Parliament) their implications are already substantial.
A new cluster of amendments, starting with NC63 (referenced on page 12 of the June 12 draft), outlines a framework where online information can be extracted from seized electronic devices.
The power would enable a senior officer to authorize the extraction of data from online accounts accessed via a lawfully seized device, such as a smartphone or computer, without the need for independent oversight.
Put simply, if a device has been confiscated during an investigation, any content in cloud services or digital platforms that was accessible through that device prior to seizure could be reviewed.
Examples include giving officers to email inboxes, cloud storage, and social media platforms.
The scope is intentionally confined to data that existed and was accessible at the time of seizure, and not new content acquired later.
Handling protocols are set out for sensitive categories like journalistic and legally privileged materials, though questions remain over how robustly these safeguards would function in real-world enforcement scenarios.
The list of officials eligible to wield this authority extends beyond the police to include immigration enforcement, insolvency officers, and others, further widening the net of access.
A separate provision, NC68, extends this capability specifically to port and border authorities, underscoring the government’s intent to institutionalize this practice across multiple enforcement fronts.
Of particular note is amendment NC70, which revises aspects of the Investigatory Powers Act 2016.
This would effectively grant lawful authority for what qualifies as interception when such account access occurs, provided it aligns with the new extraction powers or other preexisting statutes like the Police, Crime, Sentencing, and Courts Act 2022 and certain national security laws.
What sets this proposal apart is the absence of independent scrutiny.
Unlike interception and equipment interference warrants under the existing Investigatory Powers framework, which demand approval from a Judicial Commissioner, this regime relies solely on internal sign-off from senior officers. The only prerequisite is that the device must have been lawfully seized and be in the force’s possession.
This move blurs the boundary between device-based searches and remote account access, raising new issues around whether such digital reach could be construed as interception.
Importantly, the amendments do not introduce new powers to compel individuals to disclose passwords or encryption keys. Those coercive powers remain contained in separate legislation.
While presented as a streamlined mechanism for securing lawful authority, these amendments further illustrate how the UK’s surveillance laws continue to evolve in a direction that prioritizes operational convenience over independent accountability.
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