108
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(b)
(c)
(d)
(e)
in relation to a warrant issued under section 103, the purpose of
preventing or detecting serious crime;
in relation to a warrant issued under section 104, the interests of
national security;
in the case of a warrant issued under section 106(1), the purpose
mentioned in section 106(1)(a);
in the case of a warrant issued under section 106(3), the purpose
mentioned in section 106(3)(a).
(8)
Where—
(a) material obtained under a targeted equipment interference warrant is
retained, following its examination, for purposes other than the
destruction of the material, and
(b) it is material that contains confidential journalistic material or identifies
a source of journalistic material,
the person to whom the warrant is addressed must inform the Investigatory
Powers Commissioner as soon as is reasonably practicable.
(9)
Subsection (10) applies if—
(a) any material obtained under the warrant has been handed over to any
overseas authorities, or
(b) a copy of any such material has been given to any overseas authorities.
(10)
To the extent that the requirements of subsections (2) and (5) relate to any of
the material mentioned in subsection (9)(a), or to the copy mentioned in
subsection (9)(b), the arrangements made for the purpose of this section are not
required to secure that those requirements are met (see instead section 130).
(11)
In this section—
“copy”, in relation to material obtained under a warrant, means any of the
following (whether or not in documentary form)—
(a) any copy, extract or summary of the material which identifies
the material as having been obtained under the warrant, and
(b) any record which is a record of the identities of persons who
owned, used or were in possession of the equipment which was
interfered with to obtain that material,
and “copied” is to be read accordingly;
“the issuing authority” means—
(a) in the case of a warrant issued under section 102 or 104, the
Secretary of State;
(b) in the case of a warrant issued under section 103, the Scottish
Ministers;
(c) in the case of a warrant issued under section 106, the law
enforcement chief who issued the warrant (or on whose behalf
it was issued);
“overseas authorities” means authorities of a country or territory outside
the United Kingdom.
130
(1)
Safeguards relating to disclosure of material overseas
The issuing authority must ensure, in relation to every targeted equipment
interference warrant, that arrangements are in force for securing that—