Regulation of Investigatory Powers Act 2000

1 01-08-00 22:01:07ch2300a00aACTA Unit: pagaRA Proof of InvestigatoryPowers Act 2000 CHAPTER 23 ARRANGEMENT OF SECTIONSPartICommunicationsChapterIInter ceptionUnlawful and authorised interceptionSection1. Unlawful Meaning and location of interception Lawful interception without an interception power to provide for lawful interception with a warrants6. Application for issue of an interception Issue of Contents of Duration, cancellation and renewal of Modification of warrants and Implementation of capability and costs12. Maintenance of interception Technical Advisory Grants for interception on use of intercepted material General Extra safeguards in the case of certificated Exclusion of matters from legal Exceptions to section Offence for unauthorised 22:01:07ch2300a01aACTA Unit: pagaRA Proof of Investigatory Powers Act 2000 Interpretation of Chapter ISection20.

2 Interpretation of Chapter Lawful acquisition and disclosure of communications Obtaining and disclosing communications Form and duration of authorisations and Arrangements for Interpretation of Chapter Conduct to which Part II of surveillance and human intelligence sources27. Lawful surveillance Authorisation of directed Authorisation of covert human intelligence Persons entitled to grant authorisations under ss. 28 and Orders under s. 30 for Northern Authorisation of intrusive and customs authorisations33. Rules for grant of Grant of authorisations in the senior officer s Notification of authorisations for intrusive Approval required for authorisations to take Quashing of police and customs authorisations Appeals against decisions by Surveillance Appeals to the Chief Surveillance Commissioner: Information to be provided to Surveillance authorisations41.

3 Secretary of State Intelligence services , renewal and duration of authorisations43. General rules about grant, renewal and Special rules for intelligence services Cancellation of Restrictions on authorisations extending to provision for Part II47. power to extend or modify authorisation Interpretation of Part 22:01:07ch2300a01aACTA Unit: pagaRA Proof of Investigatory Powers Act to require disclosureSection49. Notices requiring Effect of notice imposing disclosure Cases in which key to costs52. Arrangements for payments for Failure to comply with a General duties of specified of Part III56. Interpretation of Part interception of Communications Co-operation with and reports by s. 57 Intelligence Services Co-operation with and reports by s.

4 59 Investigatory Powers Commissioner for Northern Additional functions of Chief Surveillance Assistant Surveillance Delegation of Commissioners Tribunal65. The Orders allocating proceedings to the Exercise of the Tribunal s Tribunal Tribunal Abolition of jurisdiction in relation to of practice71. Issue and revision of codes of Effect of codes of 22:01:08ch2300a01aACTA Unit: pagaRA Proof of Investigatory Powers Act 2000 PartVMiscellaneousandsupplementalMiscell aneousSection73. Conduct in relation to wireless Warrants under the Intelligence Services Act Authorisations under Part III of the Police Act Surveillance etc. operations beginning in Ministerial expenditure Orders, regulations and Criminal liability of directors General saving for lawful General Amendments, repeals and savings Short title, commencement and :Schedule 1 Relevant Public I Relevant authorities for the purposes of ss.

5 28and II Relevant authorities for the purposes only of 2 Persons having the appropriate 3 The 4 Consequential 5 21:43:30ch2300c00aACT Unit: pag1RA Proof of InvestigatoryPowers Act 20002000 CHAPTER 23An Act to make provision for and about the interception ofcommunications, the acquisition and disclosure of data relatingto communications, the carrying out of surveillance, the use ofcovert human intelligence sources and the acquisition of themeans by which electronic data protected by encryption orpasswords may be decrypted or accessed; to provide forCommissioners and a tribunal with functions and jurisdiction inrelation to those matters, to entries on and interferences withproperty or with wireless telegraphy and to the carrying out oftheir functions by the Security Service, the Secret IntelligenceService and the Government Communications Headquarters;and for connected purposes.

6 [28th July 2000]Beitenactedby the Queen s most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, andCommons, in this present Parliament assembled, and by theauthority of the same, as follows: PartICommunicationsChapterIInterceptionU nlawful and authorised interception1. (1) It shall be an offence for a person intentionally and authority to intercept, at any place in the United Kingdom, anycommunication in the course of its transmission by means of (a) a public postal service; or(b) a public telecommunication system.(2) It shall be an offence for a person 01-08-00 21:43:30ch2300c01aACT Unit: pag1RA Proof of Investigatory Powers Act 2000 PartIChapterI(a) intentionally and without lawful authority, and(b) otherwise than in circumstances in which his conduct is excludedby subsection (6) from criminal liability under this subsection,to intercept, at any place in the United Kingdom, any communication inthe course of its transmission by means of a private telecommunicationsystem.

7 (3) Any interception of a communication which is carried out at anyplace in the United Kingdom by, or with the express or implied consentof, a person having the right to control the operation or the use of aprivate telecommunication system shall be actionable at the suit orinstance of the sender or recipient, or intended recipient, of thecommunication if it is without lawful authority and is either (a) an interception of that communication in the course of itstransmission by means of that private system; or(b) an interception of that communication in the course of itstransmission, by means of a public telecommunication system,to or from apparatus comprised in that privatetelecommunication system.(4) Where the United Kingdom is a party to an internationalagreement which (a) relates to the provision of mutual assistance in connection with,or in the form of, the interception of communications,(b) requires the issue of a warrant, order or equivalent instrument incases in which assistance is given, and(c) is designated for the purposes of this subsection by an ordermade by the Secretary of State,it shall be the duty of the Secretary of State to secure that no request forassistance in accordance with the agreement is made on behalf of a personin the United Kingdom to the competent authorities of a country orterritory outside the United Kingdom except with lawful authority.

8 (5) Conduct has lawful authority for the purposes of this section if, andonly if (a) it is authorised by or under section 3 or 4;(b) it takes place in accordance with a warrant under section 5 ( aninterception warrant ); or(c) it is in exercise, in relation to any stored communication, of anystatutory power that is exercised (apart from this section) for thepurpose of obtaining information or of taking possession of anydocument or other property;and conduct (whether or not prohibited by this section) which has lawfulauthority for the purposes of this section by virtue of paragraph (a) or (b)shall also be taken to be lawful for all other purposes.(6) The circumstances in which a person makes an interception of acommunication in the course of its transmission by means of a privatetelecommunication system are such that his conduct is excluded fromcriminal liability under subsection (2) if (a) he is a person with a right to control the operation or the use ofthe system; or01-08-00 21:43:31ch2300c01aACT Unit: pag1RA Proof of Investigatory Powers Act 2000 PartIChapterI(b) he has the express or implied consent of such a person to makethe interception .

9 (7) A person who is guilty of an offence under subsection (1) or (2) shallbe liable (a) on conviction on indictment, to imprisonment for a term notexceeding two years or to a fine, or to both;(b) on summary conviction, to a fine not exceeding the statutorymaximum.(8) No proceedings for any offence which is an offence by virtue of thissection shall be instituted (a) in England and Wales, except by or with the consent of theDirector of Public Prosecutions;(b) in Northern Ireland, except by or with the consent of theDirector of Public Prosecutions for Northern (1) In this Act Meaning andlocation of postal service means any service which interception etc.(a) consists in the following, or in any one or more of them,namely, the collection, sorting, conveyance, distribution anddelivery (whether in the United Kingdom or elsewhere) ofpostal items; and(b) is offered or provided as a service the main purpose ofwhich, or one of the main purposes of which, is to makeavailable, or to facilitate, a means of transmission from placeto place of postal items containing communications; private telecommunication system means any telecommunicationsystem which, without itself being a public telecommunicationsystem, is a system in relation to which the following conditionsare satisfied (a) it is attached, directly or indirectly and whether or notfor the purposes of the communication in question, to apublic telecommunication system.

10 And(b) there is apparatus comprised in the system which isboth located in the United Kingdom and used (with orwithout other apparatus) for making the attachment to thepublic telecommunication system; public postal service means any postal service which is offered orprovided to, or to a substantial section of, the public in any oneor more parts of the United Kingdom; publictelecommunicationsservice meansanytelecommunications service which is offered or provided to, orto a substantial section of, the public in any one or more partsof the United Kingdom; public telecommunication system means any such parts of atelecommunication system by means of which any publictelecommunications service is provided as are located in theUnited Kingdom; telecommunications service means any service that consists in theprovision of access to, and of facilities for making use of, anytelecommunication system (whether or not one provided by theperson providing the service); and01-08-00 21:43:31ch2300c01aACT Unit: pag1RA Proof of Investigatory Powers Act 2000 PartIChapterI telecommunication system means any system (including theapparatus comprised in it) which exists (whether wholly orpartly in the United Kingdom or elsewhere) for the purpose offacilitating the transmission of communications by any meansinvolving the use of electrical or electro-magnetic energy.