Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
7
(2)
A monetary penalty notice is a notice requiring the person on whom it is served
to pay to the Investigatory Powers Commissioner (“the Commissioner”) a
monetary penalty of an amount determined by the Commissioner and
specified in the notice.
(3)
Condition A is that the Commissioner considers that—
(a) the person has intercepted, in the United Kingdom, any
communication in the course of its transmission by means of a public
telecommunication system,
(b) the person did not have lawful authority to carry out the interception,
and
(c) the person was not, at the time of the interception, making an attempt
to act in accordance with an interception warrant which might, in the
opinion of the Commissioner, explain the interception.
(4)
Condition B is that the Commissioner does not consider that the person has
committed an offence under section 3(1).
(5)
The amount of a monetary penalty determined by the Commissioner under
this section must not exceed £50,000.
(6)
Schedule 1 (which makes further provision about monetary penalty notices)
has effect.
(7)
In this section “interception warrant” means—
(a) a targeted interception warrant or mutual assistance warrant under
Chapter 1 of Part 2, or
(b) a bulk interception warrant under Chapter 1 of Part 6.
(8)
For the meaning of “interception” and other key expressions used in this
section, see sections 4 to 6.
8
Civil 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.