Authorisation of surveillance and human intelligence sources

5Lawful surveillance etc

1

Conduct to which this Act applies shall be lawful for all purposes if—

a

an authorisation under this Act confers an entitlement to engage in that conduct on the person whose conduct it is; and

b

that person’s conduct is in accordance with the authorisation.

2

A person shall not be subject to any civil liability in respect of any conduct of that person which—

a

is incidental to any conduct that is lawful by virtue of subsection (1) above; and

b

is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

3

In this section “relevant enactment” means—

a

an enactment contained in this Act; or

b

an enactment contained in Part III of the Police Act 1997 (c. 50) (authorisation of interference with property and wireless telegraphy) insofar as relating to a police force.