Section 46Interception by businesses etc. for monitoring and record-keeping purposes

(1) Conduct is authorised by this section if it is authorised by regulations made under subsection (2).

(2) The Secretary of State may by regulations authorise conduct of a description specified in the regulations if that conduct appears to the Secretary of State to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any relevant activities (see subsection (4)), of monitoring or keeping a record of—

• (a)
  communications by means of which transactions are entered into in the course of the relevant activities, or
• (b)
  other communications relating to the relevant activities or taking place in the course of the carrying on of those activities.

(3) But nothing in any regulations under subsection (2) may authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the relevant activities for use (whether wholly or partly) in connection with those activities.

(4) In this section “relevant activities” means—

• (a)
  any business,
• (b)
  any activities of a government department, the Welsh Government, a Northern Ireland department or any part of the Scottish Administration,
• (c)
  any activities of a public authority, and
• (d)
  any activities of any person or office holder on whom functions are conferred by or under any enactment.