Analysis of Part III of the (draft) Electronics Communications Act 1999
Failure to comply with a notice
There are many genuine reasons not to be able to comply with a Section 10 notice that go far beyond the statutory defences.
The hard disk with the keys on may have died. In the Real World not everyone has a backup that works when you need it.
There may never have been a key at all, or the passphrase may have been forgotten. This may be hard to put over:
Return to the Draft E-Commerce 1999 Bill Review front page.