Part 1

General privacy protections

Prohibitions against unlawful interception

Offence of unlawful interception
3
1
A person commits an offence if—
a
the person intentionally intercepts a communication in the course of its transmission by means of—
i
a public telecommunication system,
ii
a private telecommunication system, or
iii
a public postal service,
b
the interception is carried out in the United Kingdom, and
c
the person does not have lawful authority to carry out the interception.
2
But it is not an offence under subsection (1) for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person—
a
is a person with a right to control the operation or use of the system, or
b
has the express or implied consent of such a person to carry out the interception.
3
Sections 4 and 5 contain provision about—
a
the meaning of “interception”, and
b
when interception is to be regarded as carried out in the United Kingdom.
4
Section 6 contains provision about when a person has lawful authority to carry out an interception.
5
For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 261 and 262.
6
A person who is guilty of an offence under subsection (1) is liable—
a
on summary conviction in England and Wales, to a fine;
b
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
c
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
7
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.