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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part III
(4) Subject to subsection (5), where any relevant person incurs any loss
or damage in consequence of—
(a) any breach by a person to whom this section applies of the duty
imposed on him by subsection (2), or
(b) any contravention by any person whatever of arrangements
made in pursuance of that subsection in relation to persons
under the control of a person to whom this section applies,
the breach or contravention shall be actionable against the person to
whom this section applies at the suit or instance of the relevant person.
(5) A person is a relevant person for the purposes of subsection (4) if
he is—
(a) a person who has made a disclosure in pursuance of a section 49
notice; or
(b) a person whose protected information or key has been disclosed
in pursuance of such a notice;
and loss or damage shall be taken into account for the purposes of that
subsection to the extent only that it relates to the disclosure of particular
protected information or a particular key which, in the case of a person
falling with paragraph (b), must be his information or key.
(6) For the purposes of subsection (5)—
(a) information belongs to a person if he has any right that would be
infringed by an unauthorised disclosure of the information; and
(b) a key belongs to a person if it is a key to information that belongs
to him or he has any right that would be infringed by an
unauthorised disclosure of the key.
(7) In any proceedings brought by virtue of subsection (4), it shall be
the duty of the court to have regard to any opinion with respect to the
matters to which the proceedings relate that is or has been given by a
relevant Commissioner.
(8) In this section “relevant Commissioner” means the Interception of
Communications
Commissioner,
the
Intelligence
Services
Commissioner, the Investigatory Powers Commissioner for Northern
Ireland or any Surveillance Commissioner or Assistant Surveillance
Commissioner.
Interpretation of Part III
Interpretation of
Part III.
1996 c. 16.
1967 c. 77.
56.—(1) In this Part—
“chief officer of police” means any of the following—
(a) the chief constable of a police force maintained under
or by virtue of section 2 of the Police Act 1996 or section 1 of
the Police (Scotland) Act 1967;
(b) the Commissioner of Police of the Metropolis;
(c) the Commissioner of Police for the City of London;
(d) the Chief Constable of the Royal Ulster Constabulary;
(e) the Chief Constable of the Ministry of Defence Police;
(f) the Provost Marshal of the Royal Navy Regulating
Branch;
(g) the Provost Marshal of the Royal Military Police;