(1) Without prejudice to section 98 of the Act of 1983 and section 2 of the Act of 1993 and except where legally authorised under a provision adopted in accordance with Article 15(1) of the Directive on privacy and electronic communications, the listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, is prohibited.

(2) Paragraph (1) does not -

(a) prevent the technical storage of communications and the related traffic data which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality, and

(b) affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.

(3) A person shall not use an electronic communications network to store information, or to gain access to information already stored in the terminal equipment of a subscriber or user, unless