Part 1

General privacy protections

Prohibitions against unlawful interception

Definition of “lawful authority” in relation to interceptions
6
1
For the purposes of this Act, a person has lawful authority to carry out an interception if, and only if—
a
the interception is carried out in accordance with—
i
a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2, or
ii
a bulk interception warrant under Chapter 1 of Part 6,
b
the interception is authorised by any of sections 44 to 52, or
c
in the case of a communication stored in or by a telecommunication system, the interception—
i
is carried out in accordance with a targeted equipment interference warrant under Part 5 or a bulk equipment interference warrant under Chapter 3 of Part 6,
ii
is in the exercise of any statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property, or
iii
is carried out in accordance with a court order made for that purpose.
2
Conduct which has lawful authority for the purposes of this Act by virtue of subsection (1)(a) or (b) is to be treated as lawful for all other purposes.
3
Any other conduct which—
a
is carried out in accordance with a warrant under Chapter 1 of Part 2 or a bulk interception warrant, or
b
is authorised by any of sections 44 to 52,
is to be treated as lawful for all purposes.
Words in s. 6 heading inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 12(4), 32(2); S.I. 2024/1021, reg. 2(l)
S. 6 in force at 31.5.2018 by S.I. 2018/652, reg. 2(d) (with regs. 19(3)(a), 20)