The Charges

One count of conspiring to intercept voicemail messages

On or before August 9 2006 intentionally, and without lawful authority, within the United Kingdom, you conspired with Clive Goodman/Glenn Mulcaire to intercept communications, namely by agreeing to access individuals’ telephone voicemail messages, in the course of their transmission by means of a public telecommunication system, contrary to the Criminal Law Act 1977.

Eight counts of intercepting voicemail messages

On January 3 2006, February 24 2006, March 20 2006, April 28 2006, May 8 2006, May 15 2006, May 23 2006, May 30 2006 intentionally, and without lawful authority, within the United Kingdom, intercepted a communication, namely by the access of individuals’ telephone voicemail, in the course of its transmission by means of a public telecommunication system, contrary to Section 1 of the Regulation of Investigatory Powers Act 2000.

The Law

The offence

Section 1 (1)

“It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of…….(b) a public telecommunication system.”

“Public telecommunication system” means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom.

“Public telecommunications service” means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom.

The penalty

Section 7

“A person who is guilty of an offence under subsection (1)…shall be liable -

1. on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
2. on summary conviction, to a fine not exceeding the statutory minimum.”

Criminal Law Act 1977

The offence

Section 1

“…..if a person agrees with any other person or persons that a course of conduct will be pursued which, if the agreement is carried out in accordance with their intentions, either

1. will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement; or
2. would do so but for the existence of facts which render the commission of the offence or any of the offences impossible,

he is guilty of conspiracy to commit the offence or offences in question.”

Data Protection Act 1998

The offence

Section 55

(1) A person must not knowingly or recklessly, without the consent of the data controller -

1. obtain or disclose personal data or the information contained in personal data, or
2. procure the disclosure to another person of the information contained in personal data.

(3) A person who contravenes subsection (1) is guilty of an offence

(4) A person who sells personal data is guilty of an offence is he has obtained the data in contravention of subsection (1)

(5) A person who offers to sell personal data is guilty of an offence if (a) he has obtained the data in contravention of subsection (1) or (b) he subsequently obtains the data in contravention of that subsection.

(6) For the purposes of subsection (5), an advertisement indicating that personal data are or may be for sale is an offer to sell the data.

A defence

(2) Subsection (1) does not apply to a person who shows……

(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.

The penalty

“Section 60 (2)

A person guilty of an offence under any provision of this Act ……is liable

1. on summary conviction, to a fine not exceeding the statutory maximum, or
2. on conviction on indictment, to a fine”

This can be up to £5,000 in a Magistrates’ Court (the current maximum for summary convictions) and an unlimited fine for convictions obtained in the Crown Court.

In terms of the penalties imposed, the law makes no distinction between offences relating to sensitive or other personal data.