Section 11 Offence of unlawfully obtaining communications dataI1

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

a postal operator,

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

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

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);

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

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

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.

on summary conviction in England and Wales—

or to both;

on summary conviction in Scotland—

or to both;

on summary conviction in Northern Ireland—

or to both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.