Section 8Civil liability for certain unlawful interceptions

(1) An interception of a communication is actionable at the suit or instance of—

• (a)
  the sender of the communication, or
• (b)
  the recipient, or intended recipient, of the communication,

if conditions A to D are met.

(2) Condition A is that the interception is carried out in the United Kingdom.

(3) Condition B is that the communication is intercepted—

• (a)
  in the course of its transmission by means of a private telecommunication system, or
• (b)
  in the course of its transmission, by means of a public telecommunication system, to or from apparatus that is part of a private telecommunication system.

(4) Condition C is that the interception is carried out by, or with the express or implied consent of, a person who has the right to control the operation or use of the private telecommunication system.

(5) Condition D is that the interception is carried out without lawful authority.

(6) For the meaning of “interception” and other key expressions used in this section, see sections 4 to 6.