ch2300c06a
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c. 23
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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(b) references to the use of a covert human intelligence source are
references to inducing, asking or assisting a person to engage in
the conduct of such a source, or to obtain information by means
of the conduct of such a source.
(8) For the purposes of this Part a person is a covert human intelligence
source if—
(a) he establishes or maintains a personal or other relationship with
a person for the covert purpose of facilitating the doing of
anything falling within paragraph (b) or (c);
(b) he covertly uses such a relationship to obtain information or to
provide access to any information to another person; or
(c) he covertly discloses information obtained by the use of such a
relationship, or as a consequence of the existence of such a
relationship.
(9) For the purposes of this section—
(a) surveillance is covert if, and only if, it is carried out in a manner
that is calculated to ensure that persons who are subject to the
surveillance are unaware that it is or may be taking place;
(b) a purpose is covert, in relation to the establishment or
maintenance of a personal or other relationship, if and only if
the relationship is conducted in a manner that is calculated to
ensure that one of the parties to the relationship is unaware of
the purpose; and
(c) a relationship is used covertly, and information obtained as
mentioned in subsection (8)(c) is disclosed covertly, if and only
if it is used or, as the case may be, disclosed in a manner that is
calculated to ensure that one of the parties to the relationship is
unaware of the use or disclosure in question.
(10) In this section “private information”, in relation to a person,
includes any information relating to his private or family life.
(11) References in this section, in relation to a vehicle, to the presence
of a surveillance device in the vehicle include references to its being
located on or under the vehicle and also include references to its being
attached to it.
Authorisation of surveillance and human intelligence sources
Lawful
surveillance etc.
27.—(1) Conduct to which this Part applies shall be lawful for all
purposes if—
(a) an authorisation under this Part confers an entitlement to engage
in that conduct on the person whose conduct it is; and
(b) his conduct is in accordance with the authorisation.
(2) A person shall not be subject to any civil liability in respect of any
conduct of his which—
(a) is incidental to any conduct that is lawful by virtue of subsection
(1); and
(b) is not itself conduct an authorisation or warrant for which is
capable of being granted under a relevant enactment and might
reasonably have been expected to have been sought in the case
in question.