Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
224
179
Offence of breaching safeguards relating to examination of material
(1)
A person commits an offence if—
(a) the person selects for examination any data contained in a bulk
personal dataset retained in reliance on a class BPD warrant or a
specific BPD warrant,
(b) the person knows or believes that the selection of that data is in breach
of a requirement specified in subsection (2), and
(c) the person deliberately selects that data in breach of that requirement.
(2)
The requirements specified in this subsection are that any selection for
examination of the data—
(a) is carried out only for the specified purposes (see subsection (3)),
(b) is necessary and proportionate, and
(c) if the data is protected data, satisfies any conditions imposed under
section 207.
(3)
The selection for examination of the data 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.
In this subsection, “specified in the warrant” means specified in the warrant at
the time of the selection of the data for examination.
(4)
A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales—
(i) to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or
(ii) to a fine,
or to both;
(b) on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(c) on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.
(5)
No proceedings for any offence which is an offence by virtue of this section
may be instituted—
(a) in England and Wales, except by or with the consent of the Director of
Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of
Public Prosecutions for Northern Ireland.