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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter I
(a) intentionally and without lawful authority, and
(b) otherwise than in circumstances in which his conduct is excluded
by subsection (6) from criminal liability under this subsection,
to intercept, at any place in the United Kingdom, any communication in
the course of its transmission by means of a private telecommunication
system.
(3) Any interception of a communication which is carried out at any
place in the United Kingdom by, or with the express or implied consent
of, a person having the right to control the operation or the use of a
private telecommunication system shall be actionable at the suit or
instance of the sender or recipient, or intended recipient, of the
communication if it is without lawful authority and is either—
(a) an interception of that communication in the course of its
transmission by means of that private system; or
(b) an interception of that communication in the course of its
transmission, by means of a public telecommunication system,
to or from apparatus comprised in that private
telecommunication system.
(4) Where the United Kingdom is a party to 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 for the purposes of this subsection by an order
made by the Secretary of State,
it shall be the duty of the Secretary of State to secure that no request for
assistance in accordance with the agreement is made on behalf of a person
in the United Kingdom to the competent authorities of a country or
territory outside the United Kingdom except with lawful authority.
(5) Conduct has lawful authority for the purposes of this section if, and
only if—
(a) it is authorised by or under section 3 or 4;
(b) it takes place in accordance with a warrant under section 5 (“an
interception warrant”); or
(c) it is in exercise, in relation to any stored communication, of any
statutory power that is exercised (apart from this section) for the
purpose of obtaining information or of taking possession of any
document or other property;
and conduct (whether or not prohibited by this section) which has lawful
authority for the purposes of this section by virtue of paragraph (a) or (b)
shall also be taken to be lawful for all other purposes.
(6) The circumstances in which a person makes an interception of a
communication in the course of its transmission by means of a private
telecommunication system are such that his conduct is excluded from
criminal liability under subsection (2) if—
(a) he is a person with a right to control the operation or the use of
the system; or