Part 2Lawful interception of communications

CHAPTER 2Other forms of lawful interception

Interception for administrative or enforcement purposes

48Interception by OFCOM in connection with wireless telegraphy

(1)Conduct falling within subsection (2) is authorised by this section if it is carried out by OFCOM for purposes connected with a relevant matter (see subsection (3)).

(2)The conduct referred to in subsection (1) is—

(a)the interception of a communication in the course of its transmission by means of a telecommunication system;

(b)the obtaining, by or in connection with the interception, of information about the sender or recipient, or intended recipient, of the communication (whether or not a person);

(c)the disclosure of anything obtained by conduct falling within paragraph (a) or (b).

(3)Each of the following is a relevant matter for the purposes of subsection (1)

(a)the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006 (“the 2006 Act”);

(b)the prevention or detection of anything which constitutes interference with wireless telegraphy;

(c)the enforcement of—

(i)any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of the 2006 Act, or

(ii)any enactment not falling within sub-paragraph (i) that relates to interference with wireless telegraphy.

(4)In this section—

  • “interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 2006 (see section 115(3) of that Act);

  • “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002;

  • “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 (see section 116 of that Act).