Investigatory Powers Act 2016

11 Offence of unlawfully obtaining communications data U.K.

(1) A relevant person who, without lawful authority, knowingly or recklessly obtains communications data [F1 from—

(a) a telecommunications operator which is not wholly or mainly funded out of public funds, or

(b) a postal operator,

is guilty of an offence.]

(2) In this section “relevant person” means a person who holds an office, rank or position with a relevant public authority (within the meaning of Part 3).

(3) Subsection (1) does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data.

[F2 (3A) The following are examples of cases where a relevant person has lawful authority to obtain communications data from a telecommunications operator or postal operator—

(a) where the relevant person’s obtaining of the communications data is lawful for all purposes in accordance with section 81(1);

(b) any other case where the relevant person obtains the communications data in the exercise of a statutory power of the relevant public authority;

(c) where the operator lawfully provides the communications data to the relevant person otherwise than pursuant to the exercise of a statutory power of the relevant public authority (whether or not in the exercise of a statutory power to disclose);

(d) where the communications data is obtained in accordance with a court order or other judicial authorisation;

(e) where the communications data had been published before the relevant person obtained it;

(f) where the communications data is obtained by the relevant person for the purpose of enabling, or facilitating, the making of a response to a call made to the emergency services.

(3B) In subsection (3A)—

• “emergency services” means—

  (a)

  police, fire, rescue and ambulance services, and

  (b)

  His Majesty’s Coastguard;

• “publish” means make available to the public or a section of the public (whether or not on a commercial basis).]

(4) 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 [F3 the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [F4 2 May 2022]), 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.

Textual Amendments

F1 Words in s. 11(1) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 12(2), 32(2) (with s. 12(5)); S.I. 2024/1021, reg. 2(l)

F2 S. 11(3A)(3B) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 12(3), 32(2) (with s. 12(5)); S.I. 2024/1021, reg. 2(l)

F3 Words in s. 11(4)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F4 Words in s. 11(4)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement Information

I1 S. 11 in force at 5.2.2019 by S.I. 2019/174, reg. 2(b)