Part 6Bulk warrants

CHAPTER 2Bulk acquisition warrants

Supplementary provision

174Offence of making unauthorised disclosure

1

It is an offence for—

a

a telecommunications operator who is under a duty by virtue of section 170 to assist in giving effect to a bulk acquisition warrant, or

b

any person employed or engaged for the purposes of the business of such an operator,

to disclose to any person, without reasonable excuse, the existence or contents of the warrant.

2

For the purposes of subsection (1), it is, in particular, a reasonable excuse if the disclosure is made with the permission of the Secretary of State.

3

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 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), 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.

I1175Chapter 2: interpretation

1

In this Chapter—

  • “communications data” does not include communications data within the meaning given by section 262(3),

  • “senior official” means—

    1. a

      a member of the Senior Civil Service, or

    2. b

      a member of the Senior Management Structure of Her Majesty's Diplomatic Service,

  • “the specified operational purposes” has the meaning given by section 161(11).

2

See also—

  • section 261 (telecommunications definitions),

  • section 263 (general definitions),

  • section 265 (index of defined expressions).