Part 2Lawful interception of communications

CHAPTER 2Other forms of lawful interception

Interception for administrative or enforcement purposes

I148Interception by OFCOM in connection with wireless telegraphy

1

Conduct falling within subsection (2) is authorised by this section if it is carried out by OFCOM for purposes connected with a relevant matter (see subsection (3)).

2

The conduct referred to in subsection (1) is—

a

the interception of a communication in the course of its transmission by means of a telecommunication system;

b

the obtaining, by or in connection with the interception, of information about the sender or recipient, or intended recipient, of the communication (whether or not a person);

c

the disclosure of anything obtained by conduct falling within paragraph (a) or (b).

3

Each of the following is a relevant matter for the purposes of subsection (1)—

a

the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006 (“the 2006 Act”);

b

the prevention or detection of anything which constitutes interference with wireless telegraphy;

c

the enforcement of—

i

any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of the 2006 Act, or

ii

any enactment not falling within sub-paragraph (i) that relates to interference with wireless telegraphy.

4

In this section—

  • “interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 2006 (see section 115(3) of that Act);

  • “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002;

  • “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 (see section 116 of that Act).