Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
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The period during which the retention or examination of the material is
authorised under subsection (3)(b).
Fourth period
Where authorisation under subsection (3)(b) is given and the head of the
intelligence service subsequently makes, in accordance with subsection (7), an
application for a specific BPD warrant or a class BPD warrant in relation to the
material, the period (if any) beginning with the expiry of the authorisation
under subsection (3)(b) and ending with the determination of the application
for the warrant.
Further and supplementary provision
220
Initial examinations: time limits
(1)
This section applies where—
(a) an intelligence service obtains a set of information otherwise than in the
exercise of a power conferred by a warrant or other authorisation
issued or given under this Act, and
(b) the head of the intelligence service believes that—
(i) the set includes, or may include, personal data relating to a
number of individuals, and
(ii) the nature of the set is, or may be, such that the majority of the
individuals are not, and are unlikely to become, of interest to
the intelligence service in the exercise of its functions.
(2)
The head of the intelligence service must take the following steps before the
end of the permitted period.
Step 1
Carry out an initial examination of the set for the purpose of deciding whether,
if the intelligence service were to retain it after that initial examination and
hold it electronically for analysis for the purposes of the exercise of its
functions, the intelligence service would be retaining a bulk personal dataset
(see section 199).
Step 2
If the intelligence service would be retaining a bulk personal dataset as
mentioned in step 1, decide whether to retain the set and hold it electronically
for analysis for the purposes of the exercise of the functions of the intelligence
service.
Step 3
If the head of the intelligence service decides to retain the set and hold it
electronically for analysis as mentioned in step 2, apply for a specific BPD
warrant as soon as reasonably practicable after making that decision (unless
the retention of the dataset is authorised by a class BPD warrant).
(3)
The permitted period begins when the head of the intelligence service first
forms the beliefs mentioned in subsection (1)(b).
(4)
The permitted period ends—