4
Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
Prohibitions against unlawful interception
3
Offence 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.
4
Definition 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 telecommunication system if, and only if—
(a) the person does a relevant act in relation to the system, and