{
  "url": "https://openlegislation.uk/investigatory-powers-act-2016/section-11",
  "json_url": "https://openlegislation.uk/investigatory-powers-act-2016/section-11.json",
  "legislation": "ukpga/2016/25",
  "legislation_title": "Investigatory Powers Act 2016",
  "legislation_url": "https://openlegislation.uk/investigatory-powers-act-2016",
  "path": "section/11",
  "kind": "section",
  "number": "11",
  "heading": "Offence of unlawfully obtaining communications data",
  "text": "(1) A relevant person who, without lawful authority, knowingly or recklessly obtains communications data from—\n(a) a telecommunications operator which is not wholly or mainly funded out of public funds, or\n(b) a postal operator,\nis guilty of an offence.\n(2) In this section “relevant person” means a person who holds an office, rank or position with a relevant public authority (within the meaning of Part 3).\n(3) Subsection (1) does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data.\n(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—\n(a) where the relevant person’s obtaining of the communications data is lawful for all purposes in accordance with section 81(1);\n(b) any other case where the relevant person obtains the communications data in the exercise of a statutory power of the relevant public authority;\n(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);\n(d) where the communications data is obtained in accordance with a court order or other judicial authorisation;\n(e) where the communications data had been published before the relevant person obtained it;\n(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.\n(3B) In subsection (3A)—\n“emergency services” means—\n(a)police, fire, rescue and ambulance services, and\n(b)His Majesty’s Coastguard;\n“publish” means make available to the public or a section of the public (whether or not on a commercial basis).\n(4) A person guilty of an offence under this section is liable—\n(a) on summary conviction in England and Wales—\n(i) to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022), or\n(ii) to a fine,\nor to both;\n(b) on summary conviction in Scotland—\n(i) to imprisonment for a term not exceeding 12 months, or\n(ii) to a fine not exceeding the statutory maximum,\nor to both;\n(c) on summary conviction in Northern Ireland—\n(i) to imprisonment for a term not exceeding 6 months, or\n(ii) to a fine not exceeding the statutory maximum,\nor to both;\n(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 11(1) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 12(2), 32(2) (with s. 12(5)); S.I. 2024/1021, reg. 2(l)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 11(3A)(3B) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 12(3), 32(2) (with s. 12(5)); S.I. 2024/1021, reg. 2(l)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 11(4)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 11(4)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 11 in force at 5.2.2019 by S.I. 2019/174, reg. 2(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2016/25/section/11",
    "retrieved_at": "2026-10-29T09:06:02.282680+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}