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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

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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