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Investigatory Powers Act 2016

Investigatory Powers Act 2016 s 48

s 48 Interception by OFCOM in connection with wireless telegraphy

(1) Conduct falling within subsection (2) is authorised by this section if it is carried out by OFCOM for purposes connected with a relevant matter (see subsection (3)). (2) The conduct referred to in subsection (1) is— (a) the interception of a communication in the course of its transmission by means of a telecommunication system; (b) the obtaining, by or in connection with the interception, of information about the sender or recipient, or intended recipient, of the communication (whether or not a person); (c) the disclosure of anything obtained by conduct falling within paragraph (a) or (b). (3) Each of the following is a relevant matter for the purposes of subsection (1)— (a) the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006 (“ the 2006 Act ”); (b) the prevention or detection of anything which constitutes interference with wireless telegraphy; (c) the enforcement of— (i) any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of the 2006 Act, or (ii) any enactment not falling within sub-paragraph (i) that relates to interference with wireless telegraphy. (4) In this section— “ interference ”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 2006 (see section 115(3) of that Act); “ OFCOM ” means the Office of Communications established by section 1 of the Office of Communications Act 2002; “ wireless telegraphy ” has the same meaning as in the Wireless Telegraphy Act 2006 (see section 116 of that Act).

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