Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
(b)
(3)
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is not itself conduct for which an authorisation or warrant—
(i) is capable of being granted under any of the enactments
mentioned in subsection (3), and
(ii) might reasonably have been expected to have been sought in
the case in question.
The enactments referred to in subsection (2)(b)(i) are—
(a) an enactment contained in this Act,
(b) an enactment contained in the Regulation of Investigatory Powers Act
2000,
(c) an enactment contained in Part 3 of the Police Act 1997 (powers of the
police and of customs officers), or
(d) section 5 of the Intelligence Services Act 1994 (warrants for the
intelligence services).
Offence of making unauthorised disclosure
(1)
It is an offence for a telecommunications operator, or any person employed or
engaged for the purposes of the business of a telecommunications operator, to
disclose, without reasonable excuse, to any person the existence of—
(a) any requirement imposed on the operator by virtue of this Part to
disclose communications data relating to that person, or
(b) any request made in pursuance of an authorisation for the operator to
disclose such data.
(2)
For the purposes of subsection (1), it is, in particular, a reasonable excuse if the
disclosure is made with the permission of the relevant public authority which
is seeking to obtain the data from the operator (whether the permission is
contained in any notice requiring the operator to disclose the data or
otherwise).
(3)
A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales—
(i) to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or
(ii) to a fine,
or to both;
(b) on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(c) on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.