Part 1General privacy protections
Prohibition against unlawful obtaining of communications data
11Offence of unlawfully obtaining communications data
(1)
A relevant person who, without lawful authority, knowingly or recklessly obtains communications data F1from—
(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)
(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.