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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Identification and notice

132: Identifications and notice requirements for remote access search

You could also call this:

"Notifying people after a remote search: what you must do"

When you do a remote access search, you must send an email to the address of the thing you searched after you finish. You need to attach a copy of the search warrant to the email. You also need to include details like when the search started and finished, who was in charge, and where to send questions.

If you cannot send the email or it comes back, you must try to find out who is using the thing you searched. You then need to send them the information, including the search warrant and the details. You should take all reasonable steps to do this.

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Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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131: Identification and notice requirements for person exercising search power (other than remote access search), or

"What to expect when someone searches your place or things: they must identify themselves and give you notice"

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133: Inventory of items seized, or

"What happens to your stuff when it's taken during a search: you get a list of what's been seized."

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Identification and notice

132Identifications and notice requirements for remote access search

  1. A person who conducts a remote access search must, on completion of the search, send an electronic message to the email address of the thing searched—

  2. attaching a copy of the search warrant; and
    1. setting out the following particulars:
      1. the date and time of the commencement and completion of the search:
        1. the name and unique identifier of the person who had overall responsibility for that search:
          1. the address of the office to which inquiries should be made.

          2. If the person conducting the search is unable to deliver the electronic message required by subsection (1) (or it is returned undelivered), the person must take all reasonable steps to identify the user of the thing searched and to send the information referred to in subsection (1)(a) and (b) to that person.