Part 2: Prevention, investigation and prosecution of crime Chapter 3: Extraction of information from electronic devices Section 41: Extraction of information from electronic devices: investigations of death
Subsection (1) provides that an authorised person may extract information from an electronic device if a user of that device has died. Subsections (2) and (3) set out that this power may only be used for the purposes of an investigation or inquest into the person’s death, or determining whether such an investigation or inquest should be held.
	The police assist coroners and the Lord Advocate in gathering evidence to determine who has died, where, by what cause and when. A device such as a mobile phone may contain evidence that assists in answering those questions, for example it may have relevant internet search history that assists in determining if suicide was likely or may contain a communication sent to another party such as a suicide note which narrows the time of death.
	Subsection (4)(a) sets out the equivalent provisions to sections 37(5)(b) that the powers may only be exercised if the authorised person reasonably believes that information stored on the device will be relevant to the purpose in subsection (2) and subsection (4)(b) sets out the equivalent to section 37(5)(c) that they also be satisfied that extraction of that information is necessary and proportionate to achieve the purpose.
	Subsection (6) applies where the authorised person thinks there is a risk of obtaining information in excess of that which is required for the purposes of subsection (2) or section 37(2). Subsection (6) sets out the equivalent provisions to section 37(7) that in order to be satisfied that extraction is proportionate, the authorised person must be satisfied that there are no other ways of obtaining the required information which avoid that risk or, if there are, that it is not reasonably practicable to rely on them.
	Subsections (8) and (9) sets out equivalent provisions to sections 37(9) and (10) – in effect, the obligations to consider the risk of a device containing confidential information and the steps that must be taken to ensure use of the powers is proportionate with regard to such information. These obligations are the same as those set out in Section 37(9) and (10) but here apply where the information is sought for the purpose of the investigation of death.