Part II U.K. Provision of Telecommunication Services

Modifications etc. (not altering text)

C1 Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)

Offences U.K.

[F1 45 Disclosure of messages etc. U.K.

(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 [F2 or the Scottish Ministers] 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.

(3) 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.]

Textual Amendments

F1 S. 45 substituted by Interception of Communications Act 1985 (c. 56, SIF 96), s. 11(1)(4), Sch. 2

F2 Words in s. 45(2)(b) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 5; S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C2 S. 45(3): functions of the Lord Advocate transferred to the Advocate General for Scotland, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Advocate General for Scotland (20.5.1999) by S.I. 1999/679, arts. 2, 3, Sch; S.I. 1998/3178, art. 2(2), Sch. 4