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The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018 No. 356

Lawful interception of communications

This section has no associated Explanatory Memorandum

3.—(1) Conduct is authorised for the purpose of section 46(1) of the Act if—

(a)it consists of the interception of a communication, in the course of its transmission by means of a telecommunication system, which is effected by or with the express consent of the system controller;

(b)it is conduct to which paragraph (2), (3) or (4) applies, and

(c)the requirements in regulation 4 are met.

(2) This paragraph applies to the monitoring or keeping a record of communications—

(a)in order to establish the existence of facts;

(b)in order to ascertain compliance with regulatory or self-regulatory practices or procedures which are applicable, in the carrying on of relevant activities, to—

(i)the system controller, or

(ii)another person where that person is supervised by the system controller in respect of those practices or procedures;

(c)in order to ascertain or demonstrate the standards which are achieved or ought to be achieved by persons using the telecommunication system in the course of their duties;

(d)in the interests of national security;

(e)for the purpose of preventing or detecting crime;

(f)for the purpose of investigating or detecting the unauthorised use of that or any other telecommunication system;

(g)in order to secure, or as an inherent part of, the effective operation of the telecommunication system.

(3) This paragraph applies to the monitoring of communications for the purpose of determining whether they are communications relevant to the carrying on of relevant activities.

(4) This paragraph applies to the monitoring of communications made to a confidential counselling or support service which is free of charge (other than the cost, if any, of the communication) and operated in such a way that users may remain anonymous if they so choose.

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