6
Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
5
Conduct that is not interception
(1)
References in this Act to the interception of a communication do not include
references to the interception of any communication broadcast for general
reception.
(2)
References in this Act to the interception of a communication in the course of
its transmission by means of a postal service do not include references to—
(a) any conduct that takes place in relation only to so much of the
communication as consists of any postal data comprised in, included as
part of, attached to, or logically associated with a communication
(whether by the sender or otherwise) for the purposes of any postal
service by means of which it is being or may be transmitted, or
(b) any conduct, in connection with conduct falling within paragraph (a),
that gives a person who is neither the sender nor the intended recipient
only so much access to a communication as is necessary for the purpose
of identifying such postal data.
For the meaning of “postal data”, see section 262.
6
Definition of “lawful authority”
(1)
For the purposes of this Act, a person has lawful authority to carry out an
interception if, and only if—
(a) the interception is carried out in accordance with—
(i) a targeted interception warrant or mutual assistance warrant
under Chapter 1 of Part 2, or
(ii) a bulk interception warrant under Chapter 1 of Part 6,
(b) the interception is authorised by any of sections 44 to 52, or
(c) in the case of a communication stored in or by a telecommunication
system, the interception—
(i) is carried out in accordance with a targeted equipment
interference warrant under Part 5 or a bulk equipment
interference warrant under Chapter 3 of Part 6,
(ii) is in the exercise of any statutory power that is exercised for the
purpose of obtaining information or taking possession of any
document or other property, or
(iii) is carried out in accordance with a court order made for that
purpose.
(2)
Conduct which has lawful authority for the purposes of this Act by virtue of
subsection (1)(a) or (b) is to be treated as lawful for all other purposes.
(3)
Any other conduct which—
(a) is carried out in accordance with a warrant under Chapter 1 of Part 2 or
a bulk interception warrant, or
(b) is authorised by any of sections 44 to 52,
is to be treated as lawful for all purposes.
7
Monetary penalties for certain unlawful interceptions
(1)
The Investigatory Powers Commissioner may serve a monetary penalty notice
on a person if conditions A and B are met.