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Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
Application of Part to bulk personal datasets obtained under this Act
(1)
Subject to subsection (2), this section applies where a bulk personal dataset has
been obtained by an intelligence service under a warrant or other authorisation
issued or given under this Act (and, accordingly, section 200(1) and (2) do not
apply by virtue of section 201(1)).
(2)
This section does not apply where the bulk personal dataset was obtained by
the intelligence service under a bulk acquisition warrant issued under Chapter
2 of Part 6.
(3)
Where this section applies, the Secretary of State may, on the application of the
head of the intelligence service, give a direction that—
(a) the intelligence service may retain, or retain and examine, the bulk
personal dataset by virtue of the direction,
(b) any other power of the intelligence service to retain or examine the bulk
personal dataset, and any associated regulatory provision, ceases to
apply in relation to the bulk personal dataset (subject to subsection (5)),
and
(c) section 201(1) also ceases to apply in relation to the bulk personal
dataset.
(4)
Accordingly, where a direction is given under subsection (3), the intelligence
service may exercise its power by virtue of the direction to retain, or to retain
and examine, the bulk personal dataset only if authorised to do so by a class
BPD warrant or a specific BPD warrant under this Part.
(5)
A direction under subsection (3) may provide for any associated regulatory
provision specified in the direction to continue to apply in relation to the bulk
personal dataset, with or without modifications specified in the direction.
(6)
The power conferred by subsection (5) must be exercised to ensure that—
(a) where section 56 and Schedule 3 applied in relation to the bulk personal
dataset immediately before the giving of the direction, they continue to
apply in relation to it (without modification);
(b) where sections 57 to 59 applied in relation to the bulk personal dataset
immediately before the giving of the direction, they continue to apply
in relation to it with the modification that the reference in section
58(7)(a) to the provisions of Part 2 is to be read as including a reference
to the provisions of this Part.
(7)
The Secretary of State may only give a direction under subsection (3) with the
approval of a Judicial Commissioner.
(8)
In deciding whether to give approval for the purposes of subsection (7), the
Judicial Commissioner must apply the same principles as would be applied by
a court on an application for judicial review.
(9)
Where a Judicial Commissioner refuses to approve a decision by the Secretary
of State to give a direction under subsection (3), the Judicial Commissioner
must give the Secretary of State written reasons for the decision.
(10)
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.
(11)
A direction under subsection (3)—