2. UNLAWFUL INTERCEPTION –
CRIMINAL AND CIVIL OFFENCES
2.1. Interception is lawful only in the limited circumstances set out
in section 1(5) of RIPA.
2.2. Section 1(1) of RIPA makes it a criminal offence for a person
intentionally, and without lawful authority, to intercept in the United
Kingdom (UK) any communication in the course of its transmission
if that communication is sent via a public postal service or a public
telecommunication system. The penalty for unlawful interception is
up to two years’ imprisonment or a fine up to the statutory maximum.
2.3. Section 1(1A) enables the Interception of Communications
Commissioner to serve a monetary penalty notice imposing a fine of
up to £50,000 if he or she is satisfied that:
• A person has unlawfully intercepted a communication at a place in
the UK;
• The communication was intercepted in the course of its
transmission by means of a public telecommunication system;
• The person was not, at the time of the interception, making an
attempt to act in accordance with an interception warrant which
might explain the interception concerned;
• The person has not committed an offence under section 1(1) of
RIPA (intentional unlawful interception).
2.4. Guidance on the administration of these sanctions is available
on the Commissioner’s website:
http://www.iocco-uk.info
2.5. Section 1(2) of RIPA makes it a crime for a person intentionally
and without lawful authority to intercept in the UK any
communication in the course of its transmission by means of a private
telecommunication system, unless, as set out at section 1(6), the
person has a right to control the operation or the use of the system, or
has the express or implied consent of such a person to make the
interception.
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