Part 1

General privacy protections

Prohibition against unlawful obtaining of communications data

Offence of unlawfully obtaining communications data
11
1
A relevant person who, without lawful authority, knowingly or recklessly obtains communications data from a telecommunications operator or 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.
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 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), 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.