Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
5
(b)
the effect of the relevant act is to make any content of the
communication available, at a relevant time, to a person who is not the
sender or intended recipient of the communication.
For the meaning of “content” in relation to a communication, see section 261(6).
(2)
In this section “relevant act”, in relation to a telecommunication system,
means—
(a) modifying, or interfering with, the system or its operation;
(b) monitoring transmissions made by means of the system;
(c) monitoring transmissions made by wireless telegraphy to or from
apparatus that is part of the system.
(3)
For the purposes of this section references to modifying a telecommunication
system include references to attaching any apparatus to, or otherwise
modifying or interfering with—
(a) any part of the system, or
(b) any wireless telegraphy apparatus used for making transmissions to or
from apparatus that is part of the system.
(4)
In this section “relevant time��, in relation to a communication transmitted by
means of a telecommunication system, means—
(a) any time while the communication is being transmitted, and
(b) any time when the communication is stored in or by the system
(whether before or after its transmission).
(5)
For the purposes of this section, the cases in which any content of a
communication is to be taken to be made available to a person at a relevant
time include any case in which any of the communication is diverted or
recorded at a relevant time so as to make any content of the communication
available to a person after that time.
(6)
In this section “wireless telegraphy” and “wireless telegraphy apparatus” have
the same meaning as in the Wireless Telegraphy Act 2006 (see sections 116 and
117 of that Act).
Interception in relation to postal services
(7)
Section 125(3) of the Postal Services Act 2000 applies for the purposes of
determining for the purposes of this Act whether a postal item is in the course
of its transmission by means of a postal service as it applies for the purposes of
determining for the purposes of that Act whether a postal packet is in course
of transmission by post.
Interception carried out in the United Kingdom
(8)
For the purposes of this Act the interception of a communication is carried out
in the United Kingdom if, and only if—
(a) the relevant act or, in the case of a postal item, the interception is carried
out by conduct within the United Kingdom, and
(b) the communication is intercepted—
(i) in the course of its transmission by means of a public
telecommunication system or a public postal service, or
(ii) in the course of its transmission by means of a private
telecommunication system in a case where the sender or
intended recipient of the communication is in the United
Kingdom.