OpenLegislation

Paragraph 12

Original text. Later amendments are not shown.

(1)

To comply with the other obligations imposed by a technical capability notice in such a manner that the risk of any unauthorised persons becoming aware of any matter within section 82(1)(a) or (b) of the Act or the existence or contents of a warrant is minimised, in particular by ensuring that apparatus, systems or other facilities or services, as well as procedures and policies, are developed and maintained in accordance with security standards or guidance specified in the notice.

(2)

For the purpose of this paragraph, a person is an unauthorised person in relation to—

(a)

a matter within sections 82(1)(a) or (b) of the Act if, were the matter disclosed to that person by a telecommunications operator, or any person engaged for the purposes of the business of a telecommunications operator, that disclosure would, if made without reasonable excuse, be an disclosure prohibited by section 82(1) of the Act;

(b)

the existence or contents of a warrant if, were the existence or contents of the warrant disclosed to that person, the disclosure would be prohibited by section 174(1).