10 October 2019
This Act addresses the constraints of existing domestic court orders and the limits of Mutual Legal Assistance (MLA) in being able to compel the production of electronic data from another jurisdiction quickly.
The Act does this by creating a new overseas production order, which has extra-territorial effect and provides that where a relevant international agreement is in place, the Act will allow an appropriate officer (as defined in section 2) to make an application for an overseas production order.
A judge may grant this order if each of the requirements for making the order is fulfilled (see section 4). Once granted, the order will require the production of stored electronic information directly from a person or company located overseas, as if the information were located or controlled in the UK.