44
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 3 — Other provisions about interception
54
Safeguards relating to disclosure of material overseas
(1)
The issuing authority must ensure, in relation to every targeted interception
warrant or mutual assistance warrant issued by that authority, that
arrangements are in force for securing that—
(a) any material obtained under the warrant is handed over to overseas
authorities only if the requirements of subsection (2) are met, and
(b) copies of any such material are given to overseas authorities only if
those requirements are met.
(2)
The requirements of this subsection are met in the case of a warrant if it appears
to the issuing authority—
(a) that requirements corresponding to the requirements of section 53(2)
and (5) will apply, to such extent (if any) as the issuing authority
considers appropriate, in relation to any of the material which is
handed over, or any copy of which is given, to the authorities in
question, and
(b) that restrictions are in force which would prevent, to such extent (if
any) as the issuing authority considers appropriate, the doing of
anything in, for the purposes of or in connection with any proceedings
outside the United Kingdom which would result in a prohibited
disclosure.
(3)
In subsection (2)(b) “prohibited disclosure” means a disclosure which, if made
in the United Kingdom, would breach the prohibition in section 56(1).
(4)
In this section—
“copy” has the same meaning as in section 53;
“the issuing authority” means—
(a) the Secretary of State, in the case of warrants issued by the
Secretary of State;
(b) the Scottish Ministers, in the case of warrants issued by the
Scottish Ministers;
“overseas authorities” means authorities of a country or territory outside
the United Kingdom.
55
Additional safeguards for items subject to legal privilege
(1)
This section applies where an item subject to legal privilege which has been
intercepted in accordance with a targeted interception warrant or mutual
assistance warrant is retained, following its examination, for purposes other
than the destruction of the item.
(2)
The person to whom the warrant is addressed must inform the Investigatory
Powers Commissioner of the retention of the item as soon as is reasonably
practicable.
(3)
Unless the Investigatory Powers Commissioner considers that subsection (5)
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.
(4)
If the Investigatory Powers Commissioner considers that subsection (5) applies
to the item, the Commissioner may nevertheless impose such conditions under
subsection (3)(b) as the Commissioner considers necessary for the purpose of