from—

a

a telecommunications operator which is not wholly or mainly funded out of public funds, or

b

a postal operator,

is guilty of an offence.

3A

The following are examples of cases where a relevant person has lawful authority to obtain communications data from a telecommunications operator or postal operator—

a

where the relevant person’s obtaining of the communications data is lawful for all purposes in accordance with section 81(1);

b

any other case where the relevant person obtains the communications data in the exercise of a statutory power of the relevant public authority;

c

where the operator lawfully provides the communications data to the relevant person otherwise than pursuant to the exercise of a statutory power of the relevant public authority (whether or not in the exercise of a statutory power to disclose);

d

where the communications data is obtained in accordance with a court order or other judicial authorisation;

e

where the communications data had been published before the relevant person obtained it;

f

where the communications data is obtained by the relevant person for the purpose of enabling, or facilitating, the making of a response to a call made to the emergency services.

3B

In subsection (3A)—

• “emergency services” means—

  1. a

     police, fire, rescue and ambulance services, and

  2. b

     His Majesty’s Coastguard;

• “publish” means make available to the public or a section of the public (whether or not on a commercial basis).