Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
Jurisdiction | UK Non-devolved |
2000 No. 2699
INVESTIGATORY POWERS
The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
Made 2nd October 2000
Laid before Parliament 3rd October 2000
Coming into force 24th October 2000
The Secretary of State, in exercise of the powers conferred on him by sections 4(2) and 78(5) of the Regulation of Investigatory Powers Act 20001(“the Act”), hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and shall come into force on 24th October 2000.
Interpretation
2. In these Regulations—
(a) references to a business include references to activities of a government department, of any public authority or of any person or office holder on whom functions are conferred by or under any enactment;
(b) a reference to a communication as relevant to a business is a reference to—
(i) a communication—
(aa) by means of which a transaction is entered into in the course of that business, or
(bb) which otherwise relates to that business, or
(ii) a communication which otherwise takes place in the course of the carrying on of that business;
(c) “regulatory or self-regulatory practices or procedures” means practices or procedures—
(i) compliance with which is required or recommended by, under or by virtue of—
(aa) any provision of the law of a member state or other state within the European Economic Area, or
(bb) any standard or code of practice published by or on behalf of a body established in a member state or other state within the European Economic Area which includes amongst its objectives the publication of standards or codes of practice for the conduct of business, or
(ii) which are otherwise applied for the purpose of ensuring compliance with anything so required or recommended;
(d) “system controller” means, in relation to a particular telecommunication system, a person with a right to control its operation or use.
Lawful interception of a communication
3.—(1) For the purpose of section 1(5)(a) of the Act, conduct is authorised, subject to paragraphs (2) and (3) below, if it consists of interception of a communication, in the course of its transmission by means of a telecommunication system, which is effected by or with the express or implied consent of the system controller for the purpose of—
(a)
(a) monitoring or keeping a record of communications—
(i) in order to—
(aa) establish the existence of facts, or
(bb) ascertain compliance with regulatory or self-regulatory practices or procedures which...
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