Part 6

Bulk warrants
CHAPTER 2

Bulk acquisition warrants

Restrictions on use or disclosure of data obtained under warrants etc.

Offence of breaching safeguards relating to examination of data
173
1
A person commits an offence if—
a
the person selects for examination any communications data obtained under a bulk acquisition warrant,
b
the person knows or believes that the selection of that data for examination does not comply with a requirement imposed by section 172, and
c
the person deliberately selects that data for examination in breach of that requirement.
2
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 the general limit in a magistrates’ court (or 6 months, if the offence was committed before 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.
3
No proceedings for any offence which is an offence by virtue of this section may be instituted—
a
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
b
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Words in s. 173(2)(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
S. 173 in force at 22.8.2018 by S.I. 2018/873, reg. 3(b) (with reg. 7)
Words in s. 173(2)(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