90
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(i)
(ii)
in the case of a targeted equipment interference warrant, to
authorise or require interference with equipment for the
purpose of obtaining items subject to legal privilege, or
in the case of a targeted examination warrant, to authorise the
selection of such items for examination.
(2)
The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to authorise or require interference with equipment
for the purpose of obtaining items subject to legal privilege or (in the case of a
targeted examination warrant) the selection for examination of items subject to
legal privilege.
(3)
In deciding whether to issue the warrant, the person to whom the application
is made must have regard to the public interest in the confidentiality of items
subject to legal privilege.
(4)
The person to whom the application is made may issue the warrant only if the
person considers—
(a) that there are exceptional and compelling circumstances which make it
necessary to authorise or require interference with equipment for the
purpose of obtaining items subject to legal privilege or (in the case of a
targeted examination warrant) the selection for examination of items
subject to legal privilege, and
(b) that the arrangements made for the purposes of section 129 or (as the
case may be) section 191 (safeguards relating to retention and
disclosure of material) include specific arrangements for the handling,
retention, use and destruction of such items.
(5)
But the warrant may not be issued if it is considered necessary only as
mentioned in section 102(5)(c).
(6)
For the purposes of subsection (4)(a), there cannot be exceptional and
compelling circumstances that make it necessary to authorise or require
interference with equipment for the purpose of obtaining, or the selection for
examination of, items subject to legal privilege unless—
(a) the public interest in obtaining the information that would be obtained
by the warrant outweighs the public interest in the confidentiality of
items subject to legal privilege,
(b) there are no other means by which the information may reasonably be
obtained, and
(c) in the case of a warrant considered necessary for the purposes of
preventing or detecting serious crime or as mentioned in section
106(3)(a), obtaining the information is necessary for the purpose of
preventing death or significant injury.
(7)
Subsections (8) and (9) apply if—
(a) an application is made for a warrant under this Part,
(b) the applicant considers that the relevant material is likely to include
items subject to legal privilege, and
(c) subsections (2) to (5) do not apply.
(8)
The application must contain—
(a) a statement that the applicant considers that the relevant material is
likely to include items subject to legal privilege, and
(b) an assessment of how likely it is that the relevant material will include
such items.