[영국_2]통신규정(적법한_영업수행)(도청)
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(iii) for the purpose of preventing or detecting crime, or(iv) for the purpose of investigating or detecting the unauthorised use of that or any
other telecommunication system, or
(v) where that is undertaken—
(aa) in order to secure, or
(bb) as an inherent part of,
the effective operation of the system (including any monitoring or keeping of a
record which would be authorised by section 3(3) of the Act if the conditions in
paragraphs (a) and (b) thereof were satisfied); or
(b) monitoring communications for the purpose of determining whether they are
communications relevant to the system controller`s business which fall within regulation
2(b)(i) above; or
(c) monitoring communications made to a confidential voice-telephony counselling or
support service which is free of charge (other than the cost, if any, of making a telephone
call) and operated in such a way that users may remain anonymous if they so choose.
(2) Conduct is authorised by paragraph (1) of this regulation only if—
(a) the interception in question is effected solely for the purpose of monitoring or (where
appropriate) keeping a record of communications relevant to the system controller`s business;
(b) the telecommunication system in question is provided for use wholly or partly in
connection with that business;
(c) the system controller has made all reasonable efforts to inform every person who may
use the telecommunication system in question that communications transmitted by means
thereof may be intercepted; and
(d) in a case falling within—
(i) paragraph (1)(a)(ii) above, the person by or on whose behalf the interception is
effected is a person specified in section 6(2)(a) to (i) of the Act;
(ii) paragraph (1)(b) above, the communication is one which is intended to be
received (whether or not it has been actually received) by a person using the
telecommunication system in question.
[ (3) Conduct falling within paragraph (1)(a)(i) above is authorised only to the extent that Article
5 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector so permits [ as amended by Directive 2009/136/EC of the European Parliament and of the
Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users`
rights relating to electronic communications networks and services, Directive 2002/58/EC concerning
the processing of personal data and the protection of privacy in the electronic communications
sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible
for the enforcement of consumer protection laws ] 3 . ]