Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
(b)
(c)
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the intelligence service believes that any of the equipment which
would, or may, be interfered with would, or may, be in the British
Islands at some time while the interference is taking place, or
a purpose of the interference is to obtain—
(i) communications sent by, or to, a person who is, or whom the
intelligence service believes to be, for the time being in the
British Islands,
(ii) private information relating to an individual who is, or whom
the intelligence service believes to be, for the time being in the
British Islands, or
(iii) equipment data which forms part of, or is connected with,
communications or private information falling within subparagraph (i) or (ii).
(3)
This section does not restrict the ability of the head of an intelligence service to
apply for an equipment interference warrant in cases where—
(a) the intelligence service does not consider that the conduct for which it
is seeking authorisation would (unless done under lawful authority)
constitute one or more offences under sections 1 to 3A of the Computer
Misuse Act 1990, or
(b) there is no British Islands connection.
(4)
In this section—
“communications”, “private information” and “equipment data” have the
same meaning as in Part 5 (see section 135);
“equipment interference warrant” means—
(a) a targeted equipment interference warrant under Part 5;
(b) a bulk equipment interference warrant under Chapter 3 of Part
6.
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Restriction on use of section 93 of the Police Act 1997
(1)
A person may not, for the purpose of obtaining communications, private
information or equipment data, make an application under section 93 of the
Police Act 1997 for authorisation to engage in conduct which could be
authorised by a targeted equipment interference warrant under Part 5 if the
applicant considers that the conduct would (unless done under lawful
authority) constitute one or more offences under sections 1 to 3A of the
Computer Misuse Act 1990 (computer misuse offences).
(2)
In this section, “communications”, “private information” and “equipment
data” have the same meaning as in Part 5 (see section 135).