116
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
(2)
Before issuing the warrant, the Secretary of State must consult the operator.
(3)
Before issuing the warrant, the Secretary of State must, among other matters,
take into account—
(a) the likely benefits of the warrant,
(b) the likely number of users (if known) of any telecommunications
service which is provided by the operator and to which the warrant
relates,
(c) the technical feasibility of complying with any requirement that may be
imposed on the operator to provide assistance in giving effect to the
warrant,
(d) the likely cost of complying with any such requirement, and
(e) any other effect of the warrant on the operator.
140
Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a decision to issue a warrant under section 138,
a Judicial Commissioner must review the Secretary of State’s conclusions as to
the following matters—
(a) whether the warrant is necessary as mentioned in subsection (1)(b) of
that section,
(b) whether the conduct that would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct,
(c) whether—
(i) each of the specified operational purposes (see section 142) is a
purpose for which the examination of intercepted content or
secondary data obtained under the warrant is or may be
necessary, and
(ii) the examination of intercepted content or secondary data for
each such purpose is necessary as mentioned in section
138(1)(d)(ii), and
(d) any matters taken into account in accordance with section 139.
(2)
In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
privacy).
(3)
Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 138, the Judicial Commissioner must give the Secretary
of State written reasons for the refusal.
(4)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to issue a warrant under section
138, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.
141
(1)
Decisions to issue warrants to be taken personally by Secretary of State
The decision to issue a bulk interception warrant must be taken personally by
the Secretary of State.