Part 1General privacy protections

Prohibitions against unlawful interception

10Restriction on requesting assistance under mutual assistance agreements etc.

I2I41

This section applies to—

F3a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a request for assistance in accordance with an international mutual assistance agreement

F1so far as the assistance is in connection with, or in the form of, the interception of communications.

I2I42

A request to which this section applies may not be made by or on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom unless a mutual assistance warrant has been issued under Chapter 1 of Part 2 authorising the making of the request.

F22A

Subsection (2) does not apply in the case of a request for assistance in connection with, or in the form of, interception of a communication stored in or by a telecommunication system if the request is made—

a

in the exercise of a statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property, or

b

in accordance with a court order that is made for that purpose.

I1I33

In this section—

  • F4...

  • “international mutual assistance agreement” means an international agreement which—

    1. a

      relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

    2. b

      requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

    3. c

      is designated as an international mutual assistance agreement by regulations made by the Secretary of State.