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Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
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Restriction on requesting interception by overseas authorities
(1)
This section applies to a request for any authorities of a country or territory
outside the United Kingdom to carry out the interception of communications
sent by, or intended for, an individual who the person making the request
believes will be in the British Islands at the time of the interception.
(2)
A request to which this section applies may not be made by or on behalf of a
person in the United Kingdom unless—
(a) a targeted interception warrant has been issued under Chapter 1 of Part
2 authorising the person to whom it is addressed to secure the
interception of communications sent by, or intended for, that
individual, or
(b) a targeted examination warrant has been issued under that Chapter
authorising the person to whom it is addressed to carry out the
selection of the content of such communications for examination.
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Restriction on requesting assistance under mutual assistance agreements etc.
(1)
This section applies to—
(a) a request for assistance under an EU mutual assistance instrument, and
(b) a request for assistance in accordance with an international mutual
assistance agreement.
(2)
A request to which this section applies may not be made by or on behalf of a
person in the United Kingdom to the competent authorities of a country or
territory outside the United Kingdom unless a mutual assistance warrant has
been issued under Chapter 1 of Part 2 authorising the making of the request.
(3)
In this section—
“EU mutual assistance instrument” means an EU instrument which—
(a) relates to the provision of mutual assistance in connection with,
or in the form of, the interception of communications,
(b) requires the issue of a warrant, order or equivalent instrument
in cases in which assistance is given, and
(c) is designated as an EU mutual assistance instrument by
regulations made by the Secretary of State;
“international mutual assistance agreement” means an international
agreement which—
(a) relates to the provision of mutual assistance in connection with,
or in the form of, the interception of communications,
(b) requires the issue of a warrant, order or equivalent instrument
in cases in which assistance is given, and
(c) is designated as an international mutual assistance agreement
by regulations made by the Secretary of State.
Prohibition against unlawful obtaining of communications data
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Offence of unlawfully obtaining communications data
(1)
A relevant person who, without lawful authority, knowingly or recklessly
obtains communications data from a telecommunications operator or a postal
operator is guilty of an offence.