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Investigatory Powers Act 2016
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8Civil liability for certain unlawful interceptions
This section has no associated Explanatory Notes
(1)An interception of a communication is actionable at the suit or instance of—
(a)the sender of the communication, or
(b)the recipient, or intended recipient, of the communication,
if conditions A to D are met.
(2)Condition A is that the interception is carried out in the United Kingdom.
(3)Condition B is that the communication is intercepted—
(a)in the course of its transmission by means of a private telecommunication system, or
(b)in the course of its transmission, by means of a public telecommunication system, to or from apparatus that is part of a private telecommunication system.
(4)Condition C is that the interception is carried out by, or with the express or implied consent of, a person who has the right to control the operation or use of the private telecommunication system.
(5)Condition D is that the interception is carried out without lawful authority.
(6)For the meaning of “interception” and other key expressions used in this section, see sections 4 to 6.
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