Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(a)
(b)
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any material obtained under the warrant is handed over to overseas
authorities only if the requirements of subsection (2) are met, and
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 that requirements corresponding to the requirements
of section 129(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.
(3)
In this section—
“copy” has the same meaning as in section 129;
“issuing authority” also has the same meaning as in that section;
“overseas authorities” means authorities of a country or territory outside
the United Kingdom.
131
Additional safeguards for items subject to legal privilege
(1)
This section applies where an item subject to legal privilege which has been
obtained under a targeted equipment interference 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
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 issuing authority (within the meaning given by section 129(11));
(b) the person to whom the warrant is or was addressed.