29.The exclusion in subsection (3) for communications broadcast for general reception covers television and radio. It does not extend to pager or mobile phone signals; the interception of those communications is governed by the Act.
30.Subsection (4) explains how the territorial limitation works in Section 1(1), (2) and (3), each of which extends only to interception “at any place in the United Kingdom”.
31.Subsection (5) excludes from the definition of interception in subsection (2) any conduct which relates only to the traffic data comprised in or attached to a communication (expanded in subsection (9)), or which relates only to so much of the content of the communication as is necessary in order to identify this traffic data.
32.Subsection (7) expands the phrase “while being transmitted”, which is used in the tailpiece of subsection (2). The times when a communication is taken to be in the course of its transmission include any time when it is stored on the system for the intended recipient to collect or access. This means that an interception takes place, for example, where an electronic mail message stored on a web-based service provider is accessed so that its contents are made available to someone other than the sender or intended recipient, or where a pager message waiting to be collected is accessed in that way. However, if a stored communication is accessed in this way, that conduct may be lawful by virtue of Section 1(5)(c).
33.Subsection (9) sets out the meaning of “traffic data”. It covers, for example, subscriber information under paragraph (a), and routing information under paragraph (b). Paragraph (c), which must be read with subsection (10) (which operates on subsection (5)), addresses what is commonly referred to as “dial through fraud”. It covers, for example, data entered by a user seeking to arrange for a telephone call to be accepted and routed by a telecommunication system. Finally, paragraph (d) catches the data which is found at the beginning of each packet in a packet switched network which indicates which communications data attaches to which communication. The tailpiece to the definition puts beyond doubt that in relation to internet communications, traffic data stops at the apparatus within which files or programs are stored, so the traffic data may identify a server but not a website or page.
34.The tailpiece to the definition puts beyond doubt that in relation to internet communications, traffic data stops at the apparatus within which files or programs are stored, so the traffic may identify a server but not a website or page.
35.In subsection (10), paragraph (a) is explained above. Paragraph (b) ensures that the references to data being attached to a communication in subsection (5) include data which may not be transmitted simultaneously with the contents of that communication; for example, the data which identifies the number of the person making a telephone call (the calling line identifier).
Commentary on Sections “Wireless telegraphy” and “apparatus” are defined in Section 81. For “while being transmitted”, see subsection (7).