| Regulation of Investigatory Powers Act
2000
2000 Chapter 23 | |
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© Crown Copyright 2000 All Crown copyrights are reserved. The text may be downloaded freely to file or printer for the purposes of private reference, research or study without requiring specific prior permission. The text may also be used freely within value-added products without requiring specific prior permission, provided that the text is reproduced accurately, is not used in a misleading manner, and is accompanied by an acknowledgment of Crown copyright. Applications for any other proposed use of this text should be made to the Copyright Unit, Her Majesty's Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ. For further details on the licensing of Crown and Parliamentary copyright material, see current guidance issued by Her Majesty's Stationery Office. The text of this Internet version of the Act has been prepared to reflect the text as it received Royal Assent. The authoritative version is in printed form and is published by The Stationery Office Limited as the Regulation of Investigatory Powers Act 2000, ISBN 0 10 542300 9, £x.xx sterling. For details of how to obtain a printed copy see How to obtain The Stationery Office Limited titles. | |
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| Regulation of Investigatory Powers Act 2000 2000 Chapter 23 | |
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An Act to make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for Commissioners and a tribunal with functions and jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the Security Service, the Secret Intelligence Service and the Government Communications Headquarters; and for connected purposes. [28th July 2000] BE IT ENACTED by the
Queen's most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
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| PART I | |
| COMMUNICATIONS | |
| CHAPTER I | |
| INTERCEPTION | |
Unlawful and authorised interception | |
| Unlawful interception. | 1. - (1) It
shall be an offence for a person intentionally and without lawful
authority to intercept, at any place in the United Kingdom, any
communication in the course of its transmission by means of-
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| (2) It shall be an offence for a
person- | |
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| to intercept, at any place in the United Kingdom, any
communication in the course of its transmission by means of a private
telecommunication system. | |
| (3) Any interception of a
communication which is carried out at any place in the United Kingdom by,
or with the express or implied consent of, a person having the right to
control the operation or the use of a private telecommunication system
shall be actionable at the suit or instance of the sender or recipient, or
intended recipient, of the communication if it is without lawful authority
and is either- | |
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| (4) Where the United Kingdom is a
party to an international agreement which- | |
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| it shall be the duty of the Secretary of State to secure
that no request for assistance in accordance with the agreement is made on
behalf of a person in the United Kingdom to the competent authorities of a
country or territory outside the United Kingdom except with lawful
authority.. | |
| (5) Conduct has lawful authority
for the purposes of this section if, and only if- | |
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| and conduct (whether or not prohibited by this section)
which has lawful authority 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 a communication in the course of its
transmission by means of a private telecommunication system are such that
his conduct is excluded from criminal liability under subsection (2) if-
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| (7) A person who is guilty of an
offence under subsection (1) or (2) shall be liable- | |
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| (8) No proceedings for any offence
which is an offence by virtue of this section shall be instituted-
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| Meaning and location of "interception" etc. | 2. - (1) In
this Act- |
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| (2) For the purposes of this Act,
but subject to the following provisions of this section, a person
intercepts a communication in the course of its transmission by means of a
telecommunication system if, and only if, he- | |
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| as to make some or all of the contents of the communication
available, while being transmitted, to a person other than the sender or
intended recipient of the communication. | |
| (3) References in this Act to the
interception of a communication do not include references to the
interception of any communication broadcast for general
reception. | |
| (4) For the purposes of this Act
the interception of a communication takes place in the United Kingdom if,
and only if, the modification, interference or monitoring or, in the case
of a postal item, the interception is effected by conduct within the
United Kingdom and the communication is either- | |
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| (5) References in this Act to the
interception of a communication in the course of its transmission by means
of a postal service or telecommunication system do not include references
to- | |
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| (6) For the purposes of this
section references to the modification of a telecommunication system
include references to the attachment of any apparatus to, or other
modification of or interference with- | |
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| (7) For the purposes of this
section the times while a communication is being transmitted by means of a
telecommunication system shall be taken to include any time when the
system by means of which the communication is being, or has been,
transmitted is used for storing it in a manner that enables the intended
recipient to collect it or otherwise to have access to it. | |
| (8) For the purposes of this
section the cases in which any contents of a communication are to be taken
to be made available to a person while being transmitted shall include any
case in which any of the contents of the communication, while being
transmitted, are diverted or recorded so as to be available to a person
subsequently. | |
| (9) In this section "traffic data",
in relation to any communication, means- | |
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| but that expression includes data identifying a computer
file or computer program access to which is obtained, or which is run, by
means of the communication to the extent only that the file or program is
identified by reference to the apparatus in which it is
stored. | |
| (10) In this section-
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| and in this section "data", in relation to a postal item,
means anything written on the outside of the item. | |
| (11) In this section "postal item"
means any letter, postcard or other such thing in writing as may be used
by the sender for imparting information to the recipient, or any packet or
parcel. | |
| Lawful interception without an interception warrant. | 3. - (1)
Conduct by any person consisting in the interception of a communication is
authorised by this section if the communication is one which, or which
that person has reasonable grounds for believing, is both-
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| (2) Conduct by any person
consisting in the interception of a communication is authorised by this
section if- | |
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| (3) Conduct consisting in the
interception of a communication is authorised by this section if-
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| (4) Conduct by any person
consisting in the interception of a communication in the course of its
transmission by means of wireless telegraphy is authorised by this section
if it takes place- | |
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| (5) Each of the following falls
within this subsection- | |
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| Power to provide for lawful interception. | 4. - (1)
Conduct by any person ("the interceptor") consisting in the interception
of a communication in the course of its transmission by means of a
telecommunication system is authorised by this section if-
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| (2) Subject to subsection (3), the
Secretary of State may by regulations authorise any such conduct described
in the regulations as appears to him to constitute a legitimate practice
reasonably required for the purpose, in connection with the carrying on of
any business, of monitoring or keeping a record of- | |
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| (3) Nothing in any regulations
under subsection (2) shall authorise the interception of any communication
except in the course of its transmission using apparatus or services
provided by or to the person carrying on the business for use wholly or
partly in connection with that business. | |
| (4) Conduct taking place in a
prison is authorised by this section if it is conduct in exercise of any
power conferred by or under any rules made under section 47 of the Prison
Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of
the Prison Act (Northern Ireland) 1953 (prison rules). | |
| (5) Conduct taking place in any
hospital premises where high security psychiatric services are provided is
authorised by this section if it is conduct in pursuance of, and in
accordance with, any direction given under section 17 of the National
Health Service Act 1977 (directions as to the carrying out of their
functions by health bodies) to the body providing those services at those
premises. | |
| (6) Conduct taking place in a state
hospital is authorised by this section if it is conduct in pursuance of,
and in accordance with, any direction given to the State Hospitals Board
for Scotland under section 2(5) of the National Health Service (Scotland)
Act 1978 (regulations and directions as to the exercise of their functions
by health boards) as applied by Article 5(1) of and the Schedule to The
State Hospitals Board for Scotland Order 1995 (which applies certain
provisions of that Act of 1978 to the State Hospitals
Board). | |
| (7) In this section references to a
business include references to any activities of a government department,
of any public authority or of any person or office holder on whom
functions are conferred by or under any enactment. | |
| (8) In this section-
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| (9) In this section "prison" means-
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| and includes any contracted out prison, within the meaning
of Part IV of the Criminal Justice Act 1991 or section 106(4) of the
Criminal Justice and Public Order Act 1994, and any legalised police cells
within the meaning of section 14 of the Prisons (Scotland) Act
1989. | |
| Interception with a warrant.. | 5. - (1)
Subject to the following provisions of this Chapter, the Secretary of
State may issue a warrant authorising or requiring the person to whom it
is addressed, by any such conduct as may be described in the warrant, to
secure any one or more of the following- |
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| (2) The Secretary of State shall
not issue an interception warrant unless he believes- | |
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| (3) Subject to the following
provisions of this section, a warrant is necessary on grounds falling
within this subsection if it is necessary- | |
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| (4) The matters to be taken into
account in considering whether the requirements of subsection (2) are
satisfied in the case of any warrant shall include whether the information
which it is thought necessary to obtain under the warrant could reasonably
be obtained by other means. | |
| (5) A warrant shall not be
considered necessary on the ground falling within subsection (3)(c) unless
the information which it is thought necessary to obtain is information
relating to the acts or intentions of persons outside the British
Islands. | |
| (6) The conduct authorised by an
interception warrant shall be taken to include- | |
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Interception warrants | |
| Application for issue of an interception warrant. | 6. - (1) An
interception warrant shall not be issued except on an application made by
or on behalf of a person specified in subsection (2). |
| (2) Those persons are-
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| (3) An application for the issue of
an interception warrant shall not be made on behalf of a person specified
in subsection (2) except by a person holding office under the
Crown. | |
| Issue of warrants. | 7. - (1) An
interception warrant shall not be issued except- |
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| (2) Those cases are-
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| (3) An interception warrant-
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| (4) The statements referred to in
subsection (3)(b)(i) are- | |
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| (5) The statements referred to in
subsection (3)(b)(ii) are- | |
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| Contents of warrants. | 8. - (1) An
interception warrant must name or describe either- |
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| (2) The provisions of an
interception warrant describing communications the interception of which
is authorised or required by the warrant must comprise one or more
schedules setting out the addresses, numbers, apparatus or other factors,
or combination of factors, that are to be used for identifying the
communications that may be or are to be intercepted. | |
| (3) Any factor or combination of
factors set out in accordance with subsection (2) must be one that
identifies communications which are likely to be or to include-
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| (4) Subsections (1) and (2) shall
not apply to an interception warrant if- | |
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| (5) Conduct falls within this
subsection if it consists in- | |
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| (6) A certificate for the purposes
of subsection (4) shall not be issued except under the hand of the
Secretary of State. | |
| Duration, cancellation and renewal of warrants. | 9. - (1) An
interception warrant- |
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| (2) An interception warrant shall
not be renewed under subsection (1) unless the Secretary of State believes
that the warrant continues to be necessary on grounds falling within
section 5(3). | |
| (3) The Secretary of State shall
cancel an interception warrant if he is satisfied that the warrant is no
longer necessary on grounds falling within section 5(3). | |
| (4) The Secretary of State shall
cancel an interception warrant if, at any time before the end of the
relevant period, he is satisfied in a case in which- | |
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| that the person named or described in the warrant as the
interception subject is in the United Kingdom. | |
| (5) An instrument under the hand of
a senior official that renews an interception warrant must contain-
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| (6) In this section "the relevant
period"- | |
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| Modification of warrants and certificates. | 10. - (1) The
Secretary of State may at any time- |
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| (2) If at any time the Secretary of
State considers that any factor set out in a schedule to an interception
warrant is no longer relevant for identifying communications which, in the
case of that warrant, are likely to be or to include communications
falling within section 8(3)(a) or (b), it shall be his duty to modify the
warrant by the deletion of that factor. | |
| (3) If at any time the Secretary of
State considers that the material certified by a section 8(4) certificate
includes any material the examination of which is no longer necessary as
mentioned in any of paragraphs (a) to (c) of section 5(3), he shall modify
the certificate so as to exclude that material from the certified
material. | |
| (4) Subject to subsections (5) to
(8), a warrant or certificate shall not be modified under this section
except by an instrument under the hand of the Secretary of State or of a
senior official. | |
| (5) Unscheduled parts of an
interception warrant shall not be modified under the hand of a senior
official except in an urgent case in which- | |
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| (6) Subsection (4) shall not
authorise the making under the hand of either- | |
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| of any modification of any scheduled parts of an
interception warrant. | |
| (7) A section 8(4) certificate
shall not be modified under the hand of a senior official except in an
urgent case in which- | |
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| (8) Where modifications in
accordance with this subsection are expressly authorised by provision
contained in the warrant, the scheduled parts of an interception warrant
may, in an urgent case, be modified by an instrument under the hand of-
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| (9) Where- | |
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| that modification shall cease to have effect at the end of
the fifth working day following the day of the instrument's
issue. | |
| (10) For the purposes of this
section- | |
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| and references in this section to unscheduled parts of an
interception warrant, and to their modification, shall be construed
accordingly. | |
| Implementation of warrants. | 11. - (1)
Effect may be given to an interception warrant either- |
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| (2) For the purpose of requiring
any person to provide assistance in relation to an interception warrant
the person to whom it is addressed may- | |
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| (3) The copy of an interception
warrant that is served on any person under subsection (2) may, to the
extent authorised- | |
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| omit any one or more of the schedules to the
warrant. | |
| (4) Where a copy of an interception
warrant has been served by or on behalf of the person to whom it is
addressed on- | |
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| it shall (subject to subsection (5)) be the duty of that
person to take all such steps for giving effect to the warrant as are
notified to him by or on behalf of the person to whom the warrant is
addressed. | |
| (5) A person who is under a duty by
virtue of subsection (4) to take steps for giving effect to a warrant
shall not be required to take any steps which it is not reasonably
practicable for him to take. | |
| (6) For the purposes of subsection
(5) the steps which it is reasonably practicable for a person to take in a
case in which obligations have been imposed on him by or under section 12
shall include every step which it would have been reasonably practicable
for him to take had he complied with all the obligations so imposed on
him. | |
| (7) A person who knowingly fails to
comply with his duty under subsection (4) shall be guilty of an offence
and liable- | |
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| (8) A person's duty under
subsection (4) to take steps for giving effect to a warrant shall be
enforceable by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section
45 of the Court of Session Act 1988, or for any other appropriate
relief. | |
| (9) For the purposes of this Act
the provision of assistance with giving effect to an interception warrant
includes any disclosure to the person to whom the warrant is addressed, or
to persons acting on his behalf, of intercepted material obtained by any
interception authorised or required by the warrant, and of any related
communications data. | |
Interception capability and costs | |
| Maintenance of interception capability. | 12. - (1) The
Secretary of State may by order provide for the imposition by him on
persons who- |
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| of such obligations as it appears to him reasonable to
impose for the purpose of securing that it is and remains practicable for
requirements to provide assistance in relation to interception warrants to
be imposed and complied with. | |
| (2) The Secretary of State's power
to impose the obligations provided for by an order under this section
shall be exercisable by the giving, in accordance with the order, of a
notice requiring the person who is to be subject to the obligations to
take all such steps as may be specified or described in the
notice. | |
| (3) Subject to subsection (11), the
only steps that may be specified or described in a notice given to a
person under subsection (2) are steps appearing to the Secretary of State
to be necessary for securing that that person has the practical capability
of providing any assistance which he may be required to provide in
relation to relevant interception warrants. | |
| (4) A person shall not be liable to
have an obligation imposed on him in accordance with an order under this
section by reason only that he provides, or is proposing to provide, to
members of the public a telecommunications service the provision of which
is or, as the case may be, will be no more than- | |
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| (5) Where a notice is given to any
person under subsection (2) and otherwise than by virtue of subsection
(6)(c), that person may, before the end of such period as may be specified
in an order under this section, refer the notice to the Technical Advisory
Board. | |
| (6) Where a notice given to any
person under subsection (2) is referred to the Technical Advisory Board
under subsection (5)- | |
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| (7) It shall be the duty of a
person to whom a notice is given under subsection (2) to comply with the
notice; and that duty shall be enforceable by civil proceedings by the
Secretary of State for an injunction, or for specific performance of a
statutory duty under section 45 of the Court of Session Act 1988, or for
any other appropriate relief. | |
| (8) A notice for the purposes of
subsection (2) must specify such period as appears to the Secretary of
State to be reasonable as the period within which the steps specified or
described in the notice are to be taken. | |
| (9) Before making an order under
this section the Secretary of State shall consult with- | |
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| as he considers appropriate. | |
| (10) The Secretary of State shall
not make an order under this section unless a draft of the order has been
laid before Parliament and approved by a resolution of each
House. | |
| (11) For the purposes of this
section the question whether a person has the practical capability of
providing assistance in relation to relevant interception warrants shall
include the question whether all such arrangements have been made as the
Secretary of State considers necessary- | |
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| but before determining for the purposes of the making of
any order, or the imposition of any obligation, under this section what
arrangements he considers necessary for the purpose mentioned in paragraph
(c) the Secretary of State shall consult that
Commissioner. | |
| (12) In this section "relevant
interception warrant"- | |
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| Technical Advisory Board. | 13. - (1)
There shall be a Technical Advisory Board consisting of such number of
persons appointed by the Secretary of State as he may by order
provide. |
| (2) The order providing for the
membership of the Technical Advisory Board must also make provision which
is calculated to ensure- | |
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| (3) The Secretary of State shall
not make an order under this section unless a draft of the order has been
laid before Parliament and approved by a resolution of each
House. | |
| Grants for interception costs. | 14. - (1) It
shall be the duty of the Secretary of State to ensure that such
arrangements are in force as are necessary for securing that a person who
provides- |
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| receives such contribution as is, in the circumstances of
that person's case, a fair contribution towards the costs incurred, or
likely to be incurred, by that person in consequence of the matters
mentioned in subsection (2). | |
| (2) Those matters are-
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| (3) For the purpose of complying
with his duty under this section, the Secretary of State may make
arrangements for payments to be made out of money provided by
Parliament. | |
Restrictions on use of intercepted material etc. | |
| General safeguards. | 15. - (1)
Subject to subsection (6), it shall be the duty of the Secretary of State
to ensure, in relation to all interception warrants, that such
arrangements are in force as he considers necessary for securing-
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| (2) The requirements of this
subsection are satisfied in relation to the intercepted material and any
related communications data if each of the following- | |
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| is limited to the minimum that is necessary for the
authorised purposes. | |
| (3) The requirements of this
subsection are satisfied in relation to the intercepted material and any
related communications data if each copy made of any of the material or
data (if not destroyed earlier) is destroyed as soon as there are no
longer any grounds for retaining it as necessary for any of the authorised
purposes. | |
| (4) For the purposes of this
section something is necessary for the authorised purposes if, and only
if- | |
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| (5) The arrangements for the time
being in force under this section for securing that the requirements of
subsection (2) are satisfied in relation to the intercepted material or
any related communications data must include such arrangements as the
Secretary of State considers necessary for securing that every copy of the
material or data that is made is stored, for so long as it is retained, in
a secure manner. | |
| (6) Arrangements in relation to
interception warrants which are made for the purposes of subsection (1)-
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| (7) The requirements of this
subsection are satisfied in the case of a warrant if it appears to the
Secretary of State- | |
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| (8) In this section "copy", in
relation to intercepted material or related communications data, means any
of the following (whether or not in documentary form)- | |
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| and "copied" shall be construed
accordingly. | |
| Extra safeguards in the case of certificated warrants. | 16. - (1) For
the purposes of section 15 the requirements of this section, in the case
of a warrant in relation to which there is a section 8(4) certificate, are
that the intercepted material is read, looked at or listened to by the
persons to whom it becomes available by virtue of the warrant to the
extent only that it- |
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| (2) Subject to subsections (3) and
(4), intercepted material falls within this subsection so far only as it
is selected to be read, looked at or listened to otherwise than according
to a factor which- | |
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| (3) Intercepted material falls
within subsection (2), notwithstanding that it is selected by reference to
any such factor as is mentioned in paragraph (a) and (b) of that
subsection, if- | |
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| (4) Intercepted material also falls
within subsection (2), notwithstanding that it is selected by reference to
any such factor as is mentioned in paragraph (a) and (b) of that
subsection, if- | |
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| (5) Those conditions are satisfied
in relation to the selection of intercepted material if- | |
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| (6) References in this section to
its appearing that there has been a relevant change of circumstances are
references to its appearing either- | |
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| Exclusion of matters from legal proceedings. | 17. - (1)
Subject to section 18, no evidence shall be adduced, question asked,
assertion or disclosure made or other thing done in, for the purposes of
or in connection with any legal proceedings which (in any manner)-
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| (2) The following fall within this
subsection- | |
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| (3) The persons referred to in
subsection (2)(a) are- | |
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| (4) In this section "intercepted
communication" means any communication intercepted in the course of its
transmission by means of a postal service or telecommunication
system. | |
| Exceptions to section 17. | 18. - (1)
Section 17(1) shall not apply in relation to- |
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| (2) Subsection (1) shall not, by
virtue of paragraph (e) or (f), authorise the disclosure of anything-
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| (3) Section 17(1) shall not
prohibit anything done in, for the purposes of, or in connection with, so
much of any legal proceedings as relates to the fairness or unfairness of
a dismissal on the grounds of any conduct constituting an offence under
section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the
Interception of Communications Act 1985. | |
| (4) Section 17(1)(a) shall not
prohibit the disclosure of any of the contents of a communication if the
interception of that communication was lawful by virtue of section
1(5)(c), 3 or 4. | |
| (5) Where any disclosure is
proposed to be or has been made on the grounds that it is authorised by
subsection (4), section 17(1) shall not prohibit the doing of anything in,
or for the purposes of, so much of any legal proceedings as relates to the
question whether that disclosure is or was so authorised. | |
| (6) Section 17(1)(b) shall not
prohibit the doing of anything that discloses any conduct of a person for
which he has been convicted of an offence under section 1(1) or (2), 11(7)
or 19 of this Act, or section 1 of the Interception of Communications Act
1985. | |
| (7) Nothing in section 17(1) shall
prohibit any such disclosure of any information that continues to be
available for disclosure as is confined to- | |
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| (8) A relevant judge shall not
order a disclosure under subsection (7)(b) except where he is satisfied
that the exceptional circumstances of the case make the disclosure
essential in the interests of justice. | |
| (9) Subject to subsection (10),
where in any criminal proceedings- | |
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| he may direct the person conducting the prosecution to make
for the purposes of the proceedings any such admission of fact as that
judge thinks essential in the interests of justice. | |
| (10) Nothing in any direction under
subsection (9) shall authorise or require anything to be done in
contravention of section 17(1). | |
| (11) In this section "a relevant
judge" means- | |
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| (12) In this section "relevant
offence" means- | |
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