Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 3 — Other provisions about interception
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protecting the public interest in the confidentiality of items subject to legal
privilege.
(5)
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.
(6)
The Investigatory Powers Commissioner—
(a) may require an affected party to make representations about how the
Commissioner should exercise any function under subsection (3), 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)).
(7)
Each of the following is an “affected party” for the purposes of subsection (6)—
(a) the person who decided to issue the warrant;
(b) the person to whom the warrant is or was addressed.
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Exclusion of matters from legal proceedings etc.
(1)
No evidence may be adduced, question asked, assertion or disclosure made or
other thing done in, for the purposes of or in connection with any legal
proceedings or Inquiries Act proceedings which (in any manner)—
(a) discloses, in circumstances from which its origin in interception-related
conduct may be inferred—
(i) any content of an intercepted communication, or
(ii) any secondary data obtained from a communication, or
(b) tends to suggest that any interception-related conduct has or may have
occurred or may be going to occur.
This is subject to Schedule 3 (exceptions).
(2)
“Interception-related conduct” means—
(a) conduct by a person within subsection (3) that is, or in the absence of
any lawful authority would be, an offence under section 3(1) (offence of
unlawful interception);
(b) a breach of the prohibition imposed by section 9 (restriction on
requesting interception by overseas authorities);
(c) a breach of the prohibition imposed by section 10 (restriction on
requesting assistance under mutual assistance agreements etc.);
(d) the making of an application by any person for a warrant, or the issue
of a warrant, under Chapter 1 of this Part;
(e) the imposition of any requirement on any person to provide assistance
in giving effect to a targeted interception warrant or mutual assistance
warrant.
(3)
The persons referred to in subsection (2)(a) are—
(a) any person who is an intercepting authority (see section 18);
(b) any person holding office under the Crown;
(c) any person deemed to be the proper officer of Revenue and Customs by
virtue of section 8(2) of the Customs and Excise Management Act 1979;
(d) any person employed by, or for the purposes of, a police force;