Section 8 Civil liability for certain unlawful interceptionsI1

(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.

Annotations

Commencement

I1: S. 8 in force at 27.6.2018 by S.I. 2018/652, reg. 7(d)