Can bailiffs take devices containing personal data and software licenses?

Software licenses are not transferable, and the software is never owned by the debtor.

Bailiffs may only take control of goods that belong to the debtor.^[1]

If personal data is on a device taken by bailiffs, the owner of the data may make a third party claim to recover that data.^[2][3]

A software license only confers a contractual right of use of the software and is often linked to a specific device.

It is not possible to make a third-party claim,^[3] for software licenses because the licensee is not the owner or co-owner, and the bailiff cannot sell it to pay a debt.

Instead, the software licensee may apply for an injunction to recover the licensed software.^[4]

The licensee may also recover damages for the replacement cost of the software license.^[5]

Devices cannot be reset to factory condition without passwords, PIN number or fingerprint, which owners are unlikely to make over to bailiffs, which renders the hardware worthless and anti-theft trackers can follow the device's whereabouts.

^{[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[2] Civil Procedure Rule 85.4

[3] See Making a Third Party Claim

[4] Section 4 of the Torts (Interference with Goods) Act 1977

[5] Section 3 of the Torts (Interference with Goods) Act 1977}