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Telecommunications Act 1984, Section 45 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F2(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.
[F3(2)Subsection (1) above does not apply to any disclosure made—
(a)in accordance with the order of any court or for the purposes of any criminal proceedings;
(b)in accordance with any warrant, authorisation or notice issued, granted or given under any provision of the Regulation of Investigatory Powers Act 2000;
(c)in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information; or
(d)in pursuance of any duty under that Act of 2000, or under Part III of the M1Police Act 1997, to provide information or produce any document to the Interception of Communications Commissioner or to the tribunal established under section 65 of that Act of 2000.
F3(3)In subsection (2) above “criminal proceedings” and “statutory power” have the same meanings as in the Regulation of Investigatory Powers Act 2000.]
(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
F1S. 45 substituted by Interception of Communications Act 1985 (c. 56, SIF 96), s. 11(1)(4), Sch. 2
F2Ss. 44-46 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 63(1), Sch. 19(1) (with Sch. 17 para. 63(2)(3), Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F3S. 45(2)(3) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 3 (with s. 82(3)); S.I. 2000/2543, art. 3 (with art. 5(2))
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