ch2300c01a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
5
Part I
Chapter I
(7) For the purposes of this section the times while a communication
is being transmitted by means of a telecommunication system shall be
taken to include any time when the system by means of which the
communication is being, or has been, transmitted is used for storing it in
a manner that enables the intended recipient to collect it or otherwise to
have access to it.
(8) For the purposes of this section the cases in which any contents of
a communication are to be taken to be made available to a person while
being transmitted shall include any case in which any of the contents of
the communication, while being transmitted, are diverted or recorded so
as to be available to a person subsequently.
(9) In this section “traffic data”, in relation to any communication,
means—
(a) any data identifying, or purporting to identify, any person,
apparatus or location to or from which the communication is or
may be transmitted,
(b) any data identifying or selecting, or purporting to identify or
select, apparatus through which, or by means of which, the
communication is or may be transmitted,
(c) any data comprising signals for the actuation of apparatus used
for the purposes of a telecommunication system for effecting (in
whole or in part) the transmission of any communication, and
(d) any data identifying the data or other data as data comprised in
or attached to a particular communication,
but that expression includes data identifying a computer file or computer
program access to which is obtained, or which is run, by means of the
communication to the extent only that the file or program is identified by
reference to the apparatus in which it is stored.
(10) In this section—
(a) references, in relation to traffic data comprising signals for the
actuation of apparatus, to a telecommunication system by
means of which a communication is being or may be transmitted
include references to any telecommunication system in which
that apparatus is comprised; and
(b) references to traffic data being attached to a communication
include references to the data and the communication being
logically associated with each other;
and in this section “data”, in relation to a postal item, means anything
written on the outside of the item.
(11) In this section “postal item” means any letter, postcard or other
such thing in writing as may be used by the sender for imparting
information to the recipient, or any packet or parcel.
3.—(1) Conduct by any person consisting in the interception of a
communication is authorised by this section if the communication is one
which, or which that person has reasonable grounds for believing, is
both—
(a) a communication sent by a person who has consented to the
interception; and
Lawful
interception
without an
interception
warrant.