110
132
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
Duty not to make unauthorised disclosures
(1)
A person to whom this section applies must not make an unauthorised
disclosure to another person.
(2)
A person makes an unauthorised disclosure for the purposes of this section if—
(a) the person discloses any of the matters within subsection (4) in relation
to a warrant under this Part, and
(b) the disclosure is not an excepted disclosure (see section 133).
(3)
This section applies to the following persons—
(a) any person who may apply for a warrant under this Part;
(b) any person holding office under the Crown;
(c) any person employed by, or for the purposes of, a police force;
(d) any telecommunications operator;
(e) any person employed or engaged for the purposes of any business of a
telecommunications operator;
(f) any person to whom any of the matters within subsection (4) have been
disclosed in relation to a warrant under this Part.
(4)
The matters referred to in subsection (2)(a) are—
(a) the existence or contents of the warrant;
(b) the details of the issue of the warrant or of any renewal or modification
of the warrant;
(c) the existence or contents of any requirement to provide assistance in
giving effect to the warrant;
(d) the steps taken in pursuance of the warrant or of any such requirement;
(e) any of the material obtained under the warrant in a form which
identifies it as having been obtained under a warrant under this Part.
133
Section 132: meaning of “excepted disclosure”
(1)
For the purposes of section 132, a disclosure made in relation to a warrant is an
excepted disclosure if it falls within any of the Heads set out in—
(a) subsection (2) (disclosures authorised by warrant etc.);
(b) subsection (3) (oversight bodies);
(c) subsection (4) (legal proceedings);
(d) subsection (6) (disclosures of a general nature).
(2)
Head 1 is—
(a) a disclosure authorised by the warrant;
(b) a disclosure authorised by the person to whom the warrant is or was
addressed or under any arrangements made by that person for the
purposes of this section;
(c) a disclosure authorised by the terms of any requirement to provide
assistance in giving effect to the warrant (including any requirement
for disclosure imposed by virtue of section 126(4)).
(3)
Head 2 is—
(a) a disclosure made to, or authorised by, a Judicial Commissioner;
(b) a disclosure made to the Independent Police Complaints Commission
for the purposes of facilitating the carrying out of any of its functions;