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Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(a)
(b)
(5)
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where the set of information was created in the United Kingdom, 3
months after the day on which it begins;
where the set of information was created outside the United Kingdom,
6 months after the day on which it begins.
If the head of the intelligence service applies for a specific BPD warrant in
accordance with step 3 (set out in subsection (2))—
(a) the intelligence service is not to be regarded as in breach of section
200(1) by virtue of retaining the bulk personal dataset during the period
between the taking of the decision mentioned in step 2 and the
determination of the application for the specific BPD warrant, and
(b) the intelligence service is not to be regarded as in breach of section
200(2) by virtue of examining the bulk personal dataset during that
period if the examination is necessary for the purposes of the making of
the application for the warrant.
Safeguards relating to examination of bulk personal datasets
(1)
The Secretary of State must ensure, in relation to every class BPD warrant or
specific BPD warrant which authorises examination of bulk personal datasets
of a class described in the warrant or (as the case may be) of a bulk personal
dataset described in the warrant, that arrangements are in force for securing
that—
(a) any selection of data contained in the datasets (or dataset) for
examination is carried out only for the specified purposes (see
subsection (2)), and
(b) the selection of any such data for examination is necessary and
proportionate in all the circumstances.
(2)
The selection of data contained in bulk personal datasets for examination is
carried out only for the specified purposes if the data is selected for
examination only so far as is necessary for the operational purposes specified
in the warrant in accordance with section 212.
(3)
The Secretary of State must also ensure, in relation to every specific BPD
warrant which specifies conditions imposed under section 207, that
arrangements are in force for securing that any selection for examination of
protected data on the basis of criteria which are referable to an individual
known to be in the British Islands at the time of the selection is in accordance
with the conditions specified in the warrant.
(4)
In this section “specified in the warrant” means specified in the warrant at the
time of the selection of the data for examination.
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Additional safeguards for items subject to legal privilege: examination
(1)
Subsections (2) and (3) apply if, in a case where protected data retained in
reliance on a specific BPD warrant is to be selected for examination—
(a) the purpose, or one of the purposes, of using the criteria to be used for
the selection of the data for examination (“the relevant criteria”) is to
identify any items subject to legal privilege, or
(b) the use of the relevant criteria is likely to identify such items.
(2)
If the relevant criteria are referable to an individual known to be in the British
Islands at the time of the selection, the data may be selected for examination