Part 1General privacy protections

Overview and general privacy duties

• Section 1Overview of Act

  (1) This Act sets out the extent to which certain investigatory powers may be used to interfere with privacy. (2) This Part imposes certain duties in relation to…

• Section 2General duties in relation to privacy

  (1) Subsection (2) applies where a public authority is deciding whether— (a) to issue, renew or cancel a warrant under Part 2 , 5 , 6 , 7…

Prohibitions against unlawful interception

• Section 3Offence of unlawful interception

  (1) A person commits an offence if— (a) the person intentionally intercepts a communication in the course of its transmission by means of— (i) a public telecommunication system,…

• Section 4Definition of “interception” etc.

  Interception in relation to telecommunication systems (1) For the purposes of this Act, a person intercepts a communication in the course of its transmission by means of a…

• Section 5Conduct that is not interception

  (1) References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception. (2) References in…

• Section 6Definition of “lawful authority” in relation to interceptions

  (1) For the purposes of this Act, a person has lawful authority to carry out an interception if, and only if— (a) the interception is carried out in…

• Section 7Monetary penalties for certain unlawful interceptions

  (1) The Investigatory Powers Commissioner may serve a monetary penalty notice on a person if conditions A and B are met. (2) A monetary penalty notice is a…

• 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…

• Section 9Restriction on requesting interception by overseas authorities

  (1) This section applies to a request for any authorities of a country or territory outside the United Kingdom to carry out the interception of communications sent by,…

• Section 10Restriction on requesting assistance under mutual assistance agreements etc.

  (1) This section applies to— (a) . . . . . . . . . . . . . . . . . . . . . .…

Prohibition against unlawful obtaining of communications data

• Section 11Offence of unlawfully obtaining communications data

  (1) A relevant person who, without lawful authority, knowingly or recklessly obtains communications data from— (a) a telecommunications operator which is not wholly or mainly funded out of…

Abolition or restriction of powers to obtain communications data

• Section 12Abolition or restriction of certain powers to obtain communications data

  (1) Schedule 2 (which repeals certain information powers so far as they enable public authorities to secure the disclosure by a telecommunications operator or postal operator of communications…

Restrictions on interference with equipment

• Section 13Mandatory use of equipment interference warrants

  (1) An intelligence service may not, for the purpose of obtaining communications, private information or equipment data, engage in conduct which could be authorised by an equipment interference…

• Section 14Restriction on use of section 93 of the Police Act 1997

  (1) A person may not, for the purpose of obtaining communications, private information or equipment data, make an application under section 93 of the Police Act 1997 for…