Section 11Offence of unlawfully obtaining communications data

(1) A relevant person who, without lawful authority, knowingly or recklessly obtains communications data [^F1from—

• (a)
  a telecommunications operator which is not wholly or mainly funded out of public funds, or
• (b)
  a postal operator,

is guilty of an offence.]

(2) In this section “relevant person” means a person who holds an office, rank or position with a relevant public authority (within the meaning of Part 3).

(3) Subsection (1) does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data.

(3A) [^F2 The following are examples of cases where a relevant person has lawful authority to obtain communications data from a telecommunications operator or postal operator—

• (a)
  where the relevant person’s obtaining of the communications data is lawful for all purposes in accordance with section 81(1);
• (b)
  any other case where the relevant person obtains the communications data in the exercise of a statutory power of the relevant public authority;
• (c)
  where the operator lawfully provides the communications data to the relevant person otherwise than pursuant to the exercise of a statutory power of the relevant public authority (whether or not in the exercise of a statutory power to disclose);
• (d)
  where the communications data is obtained in accordance with a court order or other judicial authorisation;
• (e)
  where the communications data had been published before the relevant person obtained it;
• (f)
  where the communications data is obtained by the relevant person for the purpose of enabling, or facilitating, the making of a response to a call made to the emergency services.

(3B) In subsection (3A)—

• “emergency services” means—

  • (a)
    police, fire, rescue and ambulance services, and
  • (b)
    His Majesty’s Coastguard;
• “publish” means make available to the public or a section of the public (whether or not on a commercial basis).]

(4) A person guilty of an offence under this section is liable—

• (a)
  on summary conviction in England and Wales—

  • (i)
    to imprisonment for a term not exceeding [^F3the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [^F42 May 2022]), or
  • (ii)
    to a fine,

  or to both;

• (b)
  on summary conviction in Scotland—

  • (i)
    to imprisonment for a term not exceeding 12 months, or
  • (ii)
    to a fine not exceeding the statutory maximum,

  or to both;

• (c)
  on summary conviction in Northern Ireland—

  • (i)
    to imprisonment for a term not exceeding 6 months, or
  • (ii)
    to a fine not exceeding the statutory maximum,

  or to both;

• (d)
  on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.