Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
(g)
(h)
(i)
(j)
(k)
3
to approve a decision to give or vary a notice under Part 4 or section
252, 253 or 257,
to approve the use of criteria under section 153, 194 or 222,
to give an authorisation under section 219(3)(b),
to approve a decision to give such an authorisation, or
to apply for or otherwise seek any issue, grant, giving, modification,
variation or renewal of a kind falling within paragraph (a), (b), (d), (e),
(f) or (i).
(2)
The public authority must have regard to—
(a) whether what is sought to be achieved by the warrant, authorisation or
notice could reasonably be achieved by other less intrusive means,
(b) whether the level of protection to be applied in relation to any
obtaining of information by virtue of the warrant, authorisation or
notice is higher because of the particular sensitivity of that information,
(c) the public interest in the integrity and security of telecommunication
systems and postal services, and
(d) any other aspects of the public interest in the protection of privacy.
(3)
The duties under subsection (2)—
(a) apply so far as they are relevant in the particular context, and
(b) are subject to the need to have regard to other considerations that are
also relevant in that context.
(4)
The other considerations may, in particular, include—
(a) the interests of national security or of the economic well-being of the
United Kingdom,
(b) the public interest in preventing or detecting serious crime,
(c) other considerations which are relevant to—
(i) whether the conduct authorised or required by the warrant,
authorisation or notice is proportionate, or
(ii) whether it is necessary to act for a purpose provided for by this
Act,
(d) the requirements of the Human Rights Act 1998, and
(e) other requirements of public law.
(5)
For the purposes of subsection (2)(b), examples of sensitive information
include—
(a) items subject to legal privilege,
(b) any information identifying or confirming a source of journalistic
information, and
(c) relevant confidential information within the meaning given by
paragraph 2(4) of Schedule 7 (certain information held in confidence
and consisting of personal records, journalistic material or
communications between Members of Parliament and their
constituents).
(6)
In this section “public authority” includes the relevant judicial authority
(within the meaning of section 75) where the relevant judicial authority is
deciding whether to approve under that section an authorisation under Part 3.