C2Part II Provision of Telecommunication Services
Offences
45F1 Disclosure of messages etc.
1
A person engaged in the running of a public telecommunication system who otherwise than in the course of his duty intentionally discloses to any person —
a
the contents of any message which has been intercepted in the course of its transmission by means of that system; or
b
any information concerning the use made of telecommunication services provided for any other person by means of that system,
shall be guilty of an offence.
2
Subsection (1) above does not apply to—
a
any disclosure which is made for the prevention or detection of crime or for the purposes of any criminal proceedings;
b
any disclosure of matter falling within paragraph (a) of that subsection which is made in obedience to a warrant issued by the Secretary of State under section 2 of the Interception of Communications Act 1985 or in pursuance of a requirement imposed by the Commissioner under section 8(3) of that Act; or
c
any disclosure of matter falling within paragraph (b) of that subsection which is made in the interests of national security or in pursuance of the order of a court.
C13
For the purposes of subsection (2)(c) above a certificate signed by a Minister of the Crown who is a member of the Cabinet, or by the Attorney General or the Lord Advocate, certifying that a disclosure was made in the interests of national security shall be conclusive evidence of that fact; and a document purporting to be such a certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
4
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)