Is it still illegal content if its a fragment, or part of, the file? Because if its an encrypted portion of a file, then you actually only have bits of nothing.
A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.
In proceedings against any person for an offence under this section, if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it.
For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if:
* sufficient evidence of that fact is adduced to raise an issue with respect to it; and
* the contrary is not proved beyond a reasonable doubt.
There's also a 2/5 year sentence maximum.
http://en.wikipedia.org/wiki/Key_disclosure_law#United_State...
TL;DR: Case law is mixed on the matter but it sure seems clear to me at least. I don't understand why people can't just say, "I forgot it. Sorry."