38
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 2 — Other forms of lawful interception
(2)
The purposes referred to in subsection (1) are—
(a) purposes relating to the provision or operation of the service;
(b) purposes relating to the enforcement, in relation to the service, of any
enactment relating to—
(i) the use of postal or telecommunications services, or
(ii) the content of communications transmitted by means of such
services;
(c) purposes relating to the provision of services or facilities aimed at
preventing or restricting the viewing or publication of the content of
communications
transmitted
by
means
of
postal
or
telecommunications services.
(3)
A reference in this section to anything carried out for purposes relating to the
provision or operation of a telecommunications service includes, among other
things, a reference to anything done for the purposes of identifying, combating
or preventing anything which could affect—
(a) any telecommunication system by means of which the service is
provided, or
(b) any apparatus attached to such a system.
46
Interception by businesses etc. for monitoring and record-keeping purposes
(1)
Conduct is authorised by this section if it is authorised by regulations made
under subsection (2).
(2)
The Secretary of State may by regulations authorise conduct of a description
specified in the regulations if that conduct appears to the Secretary of State to
constitute a legitimate practice reasonably required for the purpose, in
connection with the carrying on of any relevant activities (see subsection (4)),
of monitoring or keeping a record of—
(a) communications by means of which transactions are entered into in the
course of the relevant activities, or
(b) other communications relating to the relevant activities or taking place
in the course of the carrying on of those activities.
(3)
But nothing in any regulations under subsection (2) may authorise the
interception of any communication except in the course of its transmission
using apparatus or services provided by or to the person carrying on the
relevant activities for use (whether wholly or partly) in connection with those
activities.
(4)
In this section “relevant activities” means—
(a) any business,
(b) any activities of a government department, the Welsh Government, a
Northern Ireland department or any part of the Scottish
Administration,
(c) any activities of a public authority, and
(d) any activities of any person or office holder on whom functions are
conferred by or under any enactment.
47
Postal services: interception for enforcement purposes
(1)
The interception of a communication in the course of its transmission by means
of a public postal service is authorised by this section if it is carried out by an