178
Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(10)
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
using the relevant criteria only if the Secretary of State has approved the use of
those criteria.
(11)
In any other case, the data may be selected for examination using the relevant
criteria only if a senior official acting on behalf of the Secretary of State has
approved the use of those criteria.
(12)
Approval may be given under subsection (10) or (11) only if the Secretary of
State or (as the case may be) the senior official considers that the targeted data
or the underlying material is likely to be data or underlying material created or
held with the intention of furthering a criminal purpose.
(13)
In this section, “underlying material”, in relation to data retained in reliance on
a specific BPD warrant, means any communications or other items of
information from which the data was produced.
223
Additional safeguards for items subject to legal privilege: retention following
examination
(1)
Where an item subject to legal privilege is retained following its examination
in reliance on a specific BPD warrant, for purposes other than the destruction
of the item, the person to whom the warrant is addressed must inform the
Investigatory Powers Commissioner as soon as is reasonably practicable.
(2)
Unless the Investigatory Powers Commissioner considers that subsection (4)
applies to the item, the Commissioner must—
(a) direct that the item is destroyed, or
(b) impose one or more conditions as to the use or retention of that item.
(3)
If the Investigatory Powers Commissioner considers that subsection (4) applies
to the item, the Commissioner may nevertheless impose such conditions under
subsection (2)(b) as the Commissioner considers necessary for the purpose of
protecting the public interest in the confidentiality of items subject to legal
privilege.
(4)
This subsection applies to an item subject to legal privilege if—
(a) the public interest in retaining the item outweighs the public interest in
the confidentiality of items subject to legal privilege, and
(b) retaining the item is necessary in the interests of national security or for
the purpose of preventing death or significant injury.
(5)
The Investigatory Powers Commissioner—
(a) may require an affected party to make representations about how the
Commissioner should exercise any function under subsection (2), and
(b) must have regard to any such representations made by an affected
party (whether or not as a result of a requirement imposed under
paragraph (a)).
(6)
Each of the following is an “affected party” for the purposes of subsection (5)—
(a) the Secretary of State;
(b) the person to whom the warrant is or was addressed.