Part 1General privacy protections

Prohibitions against unlawful interception

I18Civil 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.