Part 1General privacy protections

Prohibitions against unlawful interception

I13Offence 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,

ii

a private telecommunication system, or

iii

a public postal service,

b

the interception is carried out in the United Kingdom, and

c

the person does not have lawful authority to carry out the interception.

2

But it is not an offence under subsection (1) for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person—

a

is a person with a right to control the operation or use of the system, or

b

has the express or implied consent of such a person to carry out the interception.

3

Sections 4 and 5 contain provision about—

a

the meaning of “interception”, and

b

when interception is to be regarded as carried out in the United Kingdom.

4

Section 6 contains provision about when a person has lawful authority to carry out an interception.

5

For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 261 and 262.

6

A person who is guilty of an offence under subsection (1) is liable—

a

on summary conviction in England and Wales, to a fine;

b

on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

c

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

7

No proceedings for any offence which is an offence by virtue of this section may be instituted—

a

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.