(a) it is conduct in which any person is authorised or required to
engage by an authorisation or notice granted or given under this
Chapter; and
(b) the conduct is in accordance with, or in pursuance of, the
authorisation or requirement.
(3) A person shall not be subject to any civil liability in respect of any
conduct of his which -(a) is incidental to any conduct that is lawful by virtue of subsection
(2); and
(b) is not itself conduct, an authorisation or warrant for which it is
capable of being granted under a relevant enactment and might
reasonably have been expected to have been sought in the case in
question.”
There then follow the definition provisions already set out above.
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S.22 deals with the circumstances in which a “designated person” believes it is
necessary to obtain communications data. A “designated person” is a person
identified in Schedule 1 to the Regulation of Investigatory Powers (Order)
2003 (now 2010) -- senior officers of a variety of public authorities. They
include, but are not limited to, officers of MI5 and GCHQ. Designated
persons must have a belief of the kind set out in s.22(2):“It is necessary on grounds falling within this subsection to obtain
communications data if it is necessary -(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing
disorder;
(c) in the interests of the economic well-being of the United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collection any tax, duty, levy or
other imposition, contribution or charge payable to a government
department;
(g) for the purpose, in an emergency, of preventing death or injury or
any damage to a person’s physical or mental health, or of mitigating
any injury or damage to a person’s physical or mental health; or
(h) for any purpose not falling within paragraphs (a) to (g) which is
specified for the purposes of this subsection by an order made by the
Secretary of State.”
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Subsections (4) to (7) set out what a designated person may require and what a
telecommunications operator must do:
“(4) Subject to subsection (5) where it appears to the designated
person that a postal or telecommunications operator is or may be in
possession of, or be capable of obtaining, any communications data, a
designated person may, by notice to the postal or telecommunications
operator, require the operator --
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