Investigatory Powers Act 2016 (c. 25) – Section 174 – Offence of making unauthorised disclosure
Sections
Section 174Offence of making unauthorised disclosure
(1) It is an offence for—
- (a)a telecommunications operator who is under a duty by virtue of section 170 to assist in giving effect to a bulk acquisition warrant, or
- (b)any person employed or engaged for the purposes of the business of such an operator,
to disclose to any person, without reasonable excuse, the existence or contents of the warrant.
(2) For the purposes of subsection (1), it is, in particular, a reasonable excuse if the disclosure is made with the permission of the Secretary of State.
(3) A person guilty of an offence under this section is liable—
- (a)
- (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;
- (i)
- (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;
- (i)
- (d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
Amended text
This Section is shown as amended by S.I. 2022/500; S.I. 2023/149 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.
Annotations
Textual Amendments
- F1 Words in s. 174(3)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F2 Words in s. 174(3)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Commencement Information
- I1 S. 174 in force at 22.8.2018 by S.I. 2018/873, reg. 3(b)
https://ipa.digiphile.law/article/article-174.html
Text as at 7 October 2026.
This is an unofficial convenience version of the Investigatory Powers Act 2016. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.