Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

Commentary on Sections

“Wireless telegraphy” and “apparatus” are defined in Section 81.

For “while being transmitted”, see subsection (7).

Section 3: Lawful interception without an interception warrant

36. This Section authorises certain kinds of interception without the need for a warrant under Section 5, namely where one or more parties to a communication have consented to the interception, conduct is in relation to the provision or operation of services, or conduct takes place with the authority of a person designated for the purposes of the Wireless Telegraphy Act 1949.

37. Subsection (1) authorises interception where there are reasonable grounds for believing that both the sender and the intended recipient of a communication have consented to its interception.

38. Subsection (2) authorises interception where:

• either the sender or intended recipient of a communication has consented to its interception; and

• the interception has been authorised under Part II (see Section 48(4)).

39. This situation might arise where a kidnapper is telephoning relatives of a hostage, and the police wish to record the call in order to identify or trace the kidnapper. The operation will be authorised as surveillance, rather than by means of an interception warrant.

40. Subsection (3) authorises interception where it takes place for the purposes of providing or operating a postal or telecommunications service, or where any enactment relating to the use of a service is to be enforced. This might occur, for example, where the postal provider needs to open a postal item to determine the address of the sender because the recipient’s address is unknown.

41. Subsection (4) authorises interception where it is authorised by a designated person and is undertaken for purposes connected with certain parts of the Wireless Telegraphy Act 1949. Section 5 of that Act, as amended by Section 73 of this Act, makes provision for interception of wireless telegraphy under the Secretary of State’s authority.

For “designated person”, see Section 5(12) of the 1949 Act, inserted by Section 73.