Chris Spray on Thursday, February 05, 2004 at 12:18 PM asked:-
> Can anyone confirm how "interception" is defined in RIPA?
> The HMSO website appears to be out of action so I can't check.
Regulation of Investigatory Powers Act 2000:
"Meaning and location of "interception" etc.
2. - (1) In this Act-
"postal service" means any service which-
(a) consists in the following, or in any one or more of them, namely, the
collection, sorting, conveyance, distribution and delivery (whether in the
United Kingdom or elsewhere) of postal items; and
(b) is offered or provided as a service the main purpose of which, or one
of the main purposes of which, is to make available, or to facilitate, a
means of transmission from place to place of postal items containing
communications;
"private telecommunication system" means any telecommunication system
which, without itself being a public telecommunication system, is a system
in relation to which the following conditions are satisfied-
(a) it is attached, directly or indirectly and whether or not for the
purposes of the communication in question, to a public telecommunication
system; and
(b) there is apparatus comprised in the system which is both located in
the United Kingdom and used (with or without other apparatus) for making the
attachment to the public telecommunication system;
"public postal service" means any postal service which is offered or
provided to, or to a substantial section of, the public in any one or more
parts of the United Kingdom;
"public telecommunications service" means any telecommunications service
which is offered or provided to, or to a substantial section of, the public
in any one or more parts of the United Kingdom;
"public telecommunication system" means any such parts of a
telecommunication system by means of which any public telecommunications
service is provided as are located in the United Kingdom;
"telecommunications service" means any service that consists in the
provision of access to, and of facilities for making use of, any
telecommunication system (whether or not one provided by the person
providing the service); and
"telecommunication system" means any system (including the apparatus
comprised in it) which exists (whether wholly or partly in the United
Kingdom or elsewhere) for the purpose of facilitating the transmission of
communications by any means involving the use of electrical or
electro-magnetic energy.
(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-
(a) so modifies or interferes with the system, or its operation,
(b) so monitors transmissions made by means of the system, or
(c) so monitors transmissions made by wireless telegraphy to or from
apparatus comprised in the system,
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-
(a) intercepted in the course of its transmission by means of a public
postal service or public telecommunication system; or
(b) intercepted in the course of its transmission by means of a private
telecommunication system in a case in which the sender or intended recipient
of the communication is in the United Kingdom.
(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-
(a) any conduct that takes place in relation only to so much of the
communication as consists in any traffic data comprised in or attached to a
communication (whether by the sender or otherwise) for the purposes of any
postal service or telecommunication system by means of which it is being or
may be transmitted; or
(b) any such conduct, in connection with conduct falling within paragraph
(a), as gives a person who is neither the sender nor the intended recipient
only so much access to a communication as is necessary for the purpose of
identifying traffic data so comprised or attached.
(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-
(a) any part of the system; or
(b) any wireless telegraphy apparatus used for making transmissions to or
from apparatus comprised in the system.
(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-
(a) any data identifying, or purporting to identify, any person, apparatus
or location to or from which the communication is or may be transmitted,
(b) any data identifying or selecting, or purporting to identify or
select, apparatus through which, or by means of which, the communication is
or may be transmitted,
(c) any data comprising signals for the actuation of apparatus used for
the purposes of a telecommunication system for effecting (in whole or in
part) the transmission of any communication, and
(d) any data identifying the data or other data as data comprised in or
attached to a particular communication,
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-
(a) references, in relation to traffic data comprising signals for the
actuation of apparatus, to a telecommunication system by means of which a
communication is being or may be transmitted include references to any
telecommunication system in which that apparatus is comprised; and
(b) references to traffic data being attached to a communication include
references to the data and the communication being logically associated with
each other;
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-
(a) a communication sent by a person who has consented to the
interception; and
(b) a communication the intended recipient of which has so consented.
(2) Conduct by any person consisting in the interception of a
communication is authorised by this section if-
(a) the communication is one sent by, or intended for, a person who has
consented to the interception; and
(b) surveillance by means of that interception has been authorised under
Part II.
(3) Conduct consisting in the interception of a communication is
authorised by this section if-
(a) it is conduct by or on behalf of a person who provides a postal
service or a telecommunications service; and
(b) it takes place for purposes connected with the provision or operation
of that service or with the enforcement, in relation to that service, of any
enactment relating to the use of postal services or telecommunications
services.
(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-
(a) with the authority of a designated person under section 5 of the
Wireless Telegraphy Act 1949 (misleading messages and interception and
disclosure of wireless telegraphy messages); and
(b) for purposes connected with anything falling within subsection (5).
(5) Each of the following falls within this subsection-
(a) the issue of licences under the Wireless Telegraphy Act 1949;
(b) the prevention or detection of anything which constitutes interference
with wireless telegraphy; and
(c) the enforcement of any enactment contained in that Act or of any
enactment not so contained that relates to such interference.
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-
(a) the interception is carried out for the purpose of obtaining
information about the communications of a person who, or who the interceptor
has reasonable grounds for believing, is in a country or territory outside
the United Kingdom;
(b) the interception relates to the use of a telecommunications service
provided to persons in that country or territory which is either-
(i) a public telecommunications service; or
(ii) a telecommunications service that would be a public
telecommunications service if the persons to whom it is offered or provided
were members of the public in a part of the United Kingdom;
(c) the person who provides that service (whether the interceptor or
another person) is required by the law of that country or territory to carry
out, secure or facilitate the interception in question;
(d) the situation is one in relation to which such further conditions as
may be prescribed by regulations made by the Secretary of State are required
to be satisfied before conduct may be treated as authorised by virtue of
this subsection; and
(e) the conditions so prescribed are satisfied in relation to that
situation.
(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-
(a) communications by means of which transactions are entered into in the
course of that business; or
(b) other communications relating to that business or taking place in the
course of its being carried on.
(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-
"government department" includes any part of the Scottish Administration,
a Northern Ireland department and the National Assembly for Wales;
"high security psychiatric services" has the same meaning as in the
National Health Service Act 1977;
"hospital premises" has the same meaning as in section 4(3) of that Act;
and
"state hospital" has the same meaning as in the National Health Service
(Scotland) Act 1978.
(9) In this section "prison" means-
(a) any prison, young offender institution, young offenders centre or
remand centre which is under the general superintendence of, or is provided
by, the Secretary of State under the Prison Act 1952 or the Prison Act
(Northern Ireland) 1953, or
(b) any prison, young offenders institution or remand centre which is
under the general superintendence of the Scottish Ministers under the
Prisons (Scotland) Act 1989,
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-
(a) the interception in the course of their transmission by means of a
postal service or telecommunication system of the communications described
in the warrant;
(b) the making, in accordance with an international mutual assistance
agreement, of a request for the provision of such assistance in connection
with, or in the form of, an interception of communications as may be so
described;
(c) the provision, in accordance with an international mutual assistance
agreement, to the competent authorities of a country or territory outside
the United Kingdom of any such assistance in connection with, or in the form
of, an interception of communications as may be so described;
(d) the disclosure, in such manner as may be so described, of intercepted
material obtained by any interception authorised or required by the warrant,
and of related communications data.
(2) The Secretary of State shall not issue an interception warrant
unless he believes-
(a) that the warrant is necessary on grounds falling within subsection
(3); and
(b) that the conduct authorised by the warrant is proportionate to what is
sought to be achieved by that conduct.
(3) Subject to the following provisions of this section, a warrant is
necessary on grounds falling within this subsection if it is necessary-
(a) in the interests of national security;
(b) for the purpose of preventing or detecting serious crime;
(c) for the purpose of safeguarding the economic well-being of the United
Kingdom; or
(d) for the purpose, in circumstances appearing to the Secretary of State
to be equivalent to those in which he would issue a warrant by virtue of
paragraph (b), of giving effect to the provisions of any international
mutual assistance agreement.
(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-
(a) all such conduct (including the interception of communications not
identified by the warrant) as it is necessary to undertake in order to do
what is expressly authorised or required by the warrant;
(b) conduct for obtaining related communications data; and
(c) conduct by any person which is conduct in pursuance of a requirement
imposed by or on behalf of the person to whom the warrant is addressed to be
provided with assistance with giving effect to the warrant."
Ian W
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