Owner · employer · solicitor · court order · executor · insurer
The authority we ask for. Before any device is examined, we see the proof that you are entitled to have it examined.
Every examination starts by establishing authority, and we ask to see it rather than take it on trust. It protects you, because an examination done without authority can be unlawful and can taint the very evidence you want; it protects the evidence, because a court will ask how the device came to be examined; and it keeps the work on the right side of the Computer Misuse Act 1990. What we ask for depends on the situation, and the table below sets it out. With it comes photo identification and a signed declaration. A device that arrives without proof of authority is returned unexamined.
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What we ask for, by situation.
What we will not do →| Situation | What we ask to see | Notes |
|---|---|---|
| Your own device, your own data | Proof of ownership; photo ID; signed declaration | A receipt, the device serial, or account control |
| An employer's device | Letter from a director, HR or the company's solicitor | Confirming ownership, the lawful basis, the IT policy and the scope |
| A solicitor-instructed matter | The letter of instruction | Client, matter, authority over the device, scope, standard or expert report |
| Under a court order | A copy of the order | Search, preservation, delivery-up or disclosure, and its scope |
| An estate | Grant of probate or letters of administration | Or the will and death certificate while the grant is pending |
| An insurance claim | Claim reference and the policyholder's signed consent | Or the insurer's direct instruction |
| Criminal defence | The defence solicitor's formal instruction | Exhibit access arranged through the usual channels |
| A minor's device | Discussed case by case | Safeguarding with clear justification, usually via police or a solicitor |
| Another adult's device, without consent | Not accepted | Consent or a court order is required; see what we will not do |
Why we ask, and what we check.
Under section 1 of the Computer Misuse Act 1990 it is an offence to cause a computer to perform a function with intent to secure access to data, knowing the access is unauthorised. Examining a device without the authority of its owner or controller risks that offence, for the person asking and for us, which is why authority is a condition of the work rather than a formality.
For a company device, authority comes from the company, and data protection law shapes how it is used: the examination needs a lawful basis, usually legitimate interests, it should be proportionate to the matter and scoped to it, and the employee's personal material that falls outside the scope is not reproduced. We act as the company's processor for that data, and the scope agreed in writing is the limit of what we examine.
Where directors disagree, where a device is jointly owned, or where it is unclear who is entitled to instruct, we wait for a solicitor's confirmation or a court order rather than act on a contested instruction. And where the honest answer is that no one with authority has instructed us, we say so and decline.
The questions that come up first.
Why do you need ID as well as authority?
So that we know the person instructing us is the person the authority belongs to. It is part of the same protection: for you, for the evidence and for the lawfulness of the work.
The device is a company laptop the employee used for personal things too. Can the company authorise it?
The company can authorise the examination of its own device on a lawful basis, proportionately and within a defined scope. The employee's personal material outside that scope is filtered out and not reproduced.
Can a parent authorise examination of a child's device?
It depends on the child's age and the reason, and we discuss it case by case. Where there is a safeguarding concern, the police or a solicitor are usually the right route. For an older teenager we would need a strong reason.
What happens if authority is disputed?
We pause until it is resolved, by a solicitor's confirmation or a court order. We would rather wait than act on a contested instruction.
Authority first, then the examination.
Tell us the situation and who owns the device, and we will tell you exactly what we need to see, or that we cannot take it on.