174
Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(b)
where the head of the intelligence service wishes to give further
consideration to whether to apply for a warrant of a kind mentioned in
paragraph (a)(i) or (ii), apply to the Secretary of State for authorisation
to retain, or to retain and examine, the whole or any part of the material
retained by the intelligence service in reliance on the warrant.
(3)
On an application under subsection (2)(b), the Secretary of State may—
(a) direct that any of the material to which the application relates be
destroyed;
(b) with the approval of a Judicial Commissioner, authorise the retention
or (as the case may be) the retention and examination of any of that
material, subject to such conditions as the Secretary of State considers
appropriate, for a period specified by the Secretary of State which may
not exceed 3 months.
(4)
In deciding whether to give approval for the purposes of subsection (3)(b), the
Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matter with a sufficient degree of care as to ensure that the
Judicial Commissioner complies with the duties imposed by section 2
(general duties in relation to privacy).
(5)
Where a Judicial Commissioner refuses to approve a decision by the Secretary
of State to authorise the retention or (as the case may be) the retention and
examination of any material under subsection (3)(b), the Judicial
Commissioner must give the Secretary of State written reasons for the decision.
(6)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve such a decision, the Secretary of State may
ask the Investigatory Powers Commissioner to decide whether to approve the
decision.
(7)
If, during the period specified by the Secretary of State under subsection (3)(b),
the head of the intelligence service decides to apply for a warrant of a kind
mentioned in subsection (2)(a)(i) or (ii), the head of the intelligence service
must make the application as soon as reasonably practicable and before the end
of the period specified by the Secretary of State.
(8)
Where a class BPD warrant or a specific BPD warrant ceases to have effect
because it expires without having been renewed or it is cancelled, an
intelligence service is not to be regarded as in breach of section 200(1) or (2) by
virtue of its retention or examination of any material to which the warrant
related during any of the following periods.
First period
The period of 5 working days beginning with the day on which the warrant
ceases to have effect.
Second period
The period beginning with the day on which the head of the intelligence
service makes an application under subsection (2)(a) or (b) in relation to the
material and ending with the determination of the application.
Third period