Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
9
(2)
In this section “relevant person” means a person who holds an office, rank or
position with a relevant public authority (within the meaning of Part 3).
(3)
Subsection (1) does not apply to a relevant person who shows that the person
acted in the reasonable belief that the person had lawful authority to obtain the
communications data.
(4)
A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales—
(i) to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or
(ii) to a fine,
or to both;
(b) on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(c) on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.
Abolition or restriction of powers to obtain communications data
12
Abolition or restriction of certain powers to obtain communications data
(1)
Schedule 2 (which repeals certain information powers so far as they enable
public authorities to secure the disclosure by a telecommunications operator or
postal operator of communications data without the consent of the operator)
has effect.
(2)
Any general information power which—
(a) would (apart from this subsection) enable a public authority to secure
the disclosure by a telecommunications operator or postal operator of
communications data without the consent of the operator, and
(b) does not involve a court order or other judicial authorisation or warrant
and is not a regulatory power or a relevant postal power,
is to be read as not enabling the public authority to secure such a disclosure.
(3)
A regulatory power or relevant postal power which enables a public authority
to secure the disclosure by a telecommunications operator or postal operator of
communications data without the consent of the operator may only be
exercised by the public authority for that purpose if it is not possible for the
authority to use a power under this Act to secure the disclosure of the data.
(4)
The Secretary of State may by regulations modify any enactment in
consequence of subsection (2).
(5)
In this section “general information power” means—