New UK Data-Gathering Powers May Be Stalled For Now

Law360 (June 21, 2019, 2:23 PM EDT) -- The Crime Overseas Production Orders Act 2019, which came into force in February 2019, significantly extends the powers of U.K. enforcement authorities, such as the Serious Fraud Office and the Financial Conduct Authority, to obtain electronic data from overseas service providers.

Background

Pursuant to section 2(3) of the Criminal Justice Act 1987, the SFO has the power to issue a notice requiring a person or entity under investigation, or another person, to produce documents which appear to relate to any matter relevant to an investigation. In a recent decision in KBR Inc. v. SFO,[1] the High Court determined that a Section...

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