52 Section 6 DETER Our approach ENCRYPTION 6.6.3. We will select the means that allow us to share information effectively with our allies, and ensure that trusted information and information systems are available, when and where required. Working closely with other government departments and agencies, GCHQ and MOD will together define sovereign requirements, and how best to meet those requirements when suppliers must be domestic. This will be delivered through a new joint framework for determining requirements for operational advantage and freedom of action. Encryption is the process of encoding data or information to prevent unauthorised access to it. Measuring success 6.6.4. The Government will measure its success in maintaining our cryptographic capabilities by assessing progress towards the following outcome: • our sovereign cryptographic capabilities are effective in keeping our secrets and sensitive information safe from unauthorised disclosure. National Cyber Security Strategy 2016 The Government is in favour of encryption. It is a foundation stone of a strong, internet-based economy: it keeps people’s personal data and intellectual property secure, and ensures safe online commerce. But as technology continues to evolve, we have to ensure that there are no guaranteed ‘safe spaces’ for terrorists and criminals to operate beyond the reach of the law. The Government wants to work with industry as technology develops to ensure that, with a robust legal framework and clear oversight, the police and intelligence agencies can access the content of the communications of terrorists and criminals. Existing legislation allows for the communications of criminals and terrorists to be intercepted when a warrant is in place. Companies have a duty to give effect to such a warrant, providing the requested communications, to the relevant authority. When served with a warrant, companies are asked to remove any encryption that they themselves have applied, or that has been applied on their behalf, so that the material provided is in readable form. The law stipulates that companies are required to take reasonable steps to give effect to a warrant, and any assessment of reasonableness will include an assessment of the steps a company is required to take to remove encryption.

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