Part 3Authorisations for obtaining communications data

Further and supplementary provision

81Lawfulness of conduct authorised by this Part

1

Conduct is lawful for all purposes if—

a

it is conduct in which any person is authorised to engage by an authorisation or required to undertake by virtue of a notice given in pursuance of an authorisation, and

b

the conduct is in accordance with, or in pursuance of, the authorisation or notice.

2

A person (whether or not the person so authorised or required) is not to be subject to any civil liability in respect of conduct that—

a

is incidental to, or is reasonably undertaken in connection with, conduct that is lawful by virtue of subsection (1), and

b

is not itself conduct for which an authorisation or warrant—

i

is capable of being granted under any of the enactments mentioned in subsection (3), and

ii

might reasonably have been expected to have been sought in the case in question.

3

The enactments referred to in subsection (2)(b)(i) are—

a

an enactment contained in this Act,

b

an enactment contained in the Regulation of Investigatory Powers Act 2000,

c

an enactment contained in Part 3 of the Police Act 1997 (powers of the police and of customs officers), or

d

section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services).