Part 2: Prevention, investigation and prosecution of crime Chapter 3: Extraction of information from electronic devices Section 39: Requirements for voluntary provision and agreement
This section defines the conditions that must be met for an individual to be treated as having voluntarily provided a device and agreeing to the extraction of information from it.
	Subsection (2) states that an authorised person must not have placed any undue pressure on the individual to volunteer the device and agree to the extraction of information from it. This is a safeguard to ensure that a condition of voluntary provision and agreement is that it is not following coercion by the authorised person.
	Subsection (3) details the information that an authorised person must provide to an individual, in writing. This includes:
Description of the information sought – for example a copy of an image or messages between the device owner and a suspect;
Reason why that information is sought – for example the reasonable line of enquiry it relates to how the authorised person reasonably believes it will assist the purpose for which the powers are being exercised such as locating a missing person;
How the information will be dealt with once it has been extracted, for example, relevant information may be disclosed to the Crown Prosecution Service;
Stating that the individual may refuse to provide the device and agree to the extraction of information from it;
Stating that, if they do decide not to volunteer the device and give agreement this does not automatically result in the closure of the investigation or enquiry.
	The conditions at (d) and (e) require the individual to have been informed that they can choose not to provide their device or agree to the extraction of information and second, the fact that they have made any such decision would not be a reason for ending any investigation or enquiry. Subsection (4) confirms that the individual should provide this agreement in writing and subsection (5) that alternatives must be arranged if the individual is unable to confirm agreement in writing due to a physical impairment or lack of literacy skills. In those circumstances agreement should be given orally and confirmation recorded in writing by the authorised person. Subsection (6) provides that that the individual must get a copy of the agreement in writing either in hard copy or electronically. This ensures that they have a record of the decision to volunteer a device and agree to the extraction of information from it.