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Resumen de Supreme Court requires broadcaster to be notified of evidence for police access to e-mails

Tony Prosser

  • During a criminal investigation of two military officers under the Official Secrets Act 1989 for passing information on the Cabinet security committee to the broadcaster BSkyB, the police sought disclosure of evidence from the broadcaster. This included copies of all e-mails between the officers and the broadcaster.

    After hearing the police and the broadcaster, the court issued a production order. However, a further application, based on secret information, was made by the police for further evidence; the broadcaster was not present before the court and objected to the application. On 12 March 2014, the Supreme Court held that it was unlawful to make such an order without the broadcaster having full access to the evidence and an opportunity to comment on it


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