Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
(c)
125
the selection of any of the intercepted content for examination meets
any of the selection conditions (see subsection (3)).
(2)
The selection of intercepted content or secondary data for examination is
carried out only for the specified purposes if the intercepted content or
secondary data is selected for examination only so far as is necessary for the
operational purposes specified in the warrant in accordance with section 142.
In this subsection “specified in the warrant” means specified in the warrant at
the time of the selection of the intercepted content or secondary data for
examination.
(3)
The selection conditions referred to in subsection (1)(c) are—
(a) that the selection of the intercepted content for examination does not
breach the prohibition in subsection (4);
(b) that the person to whom the warrant is addressed considers that the
selection of the intercepted content for examination would not breach
that prohibition;
(c) that the selection of the intercepted content for examination in breach
of that prohibition is authorised by subsection (5);
(d) that the selection of the intercepted content for examination in breach
of that prohibition is authorised by a targeted examination warrant
issued under Chapter 1 of Part 2.
(4)
The prohibition referred to in subsection (3)(a) is that intercepted content may
not at any time be selected for examination if—
(a) any criteria used for the selection of the intercepted content for
examination are referable to an individual known to be in the British
Islands at that time, and
(b) the purpose of using those criteria is to identify the content of
communications sent by, or intended for, that individual.
It does not matter for the purposes of this subsection whether the identity of
the individual is known.
(5)
The selection of intercepted content (“the relevant content”) for examination is
authorised by this subsection if—
(a) criteria referable to an individual have been, or are being, used for the
selection of intercepted content for examination in circumstances
falling within subsection (3)(a) or (b),
(b) at any time it appears to the person to whom the warrant is addressed
that there has been a relevant change of circumstances in relation to the
individual (see subsection (6)) which would mean that the selection of
the relevant content for examination would breach the prohibition in
subsection (4),
(c) since that time, a written authorisation to examine the relevant content
using those criteria has been given by a senior officer, and
(d) the selection of the relevant content for examination is made before the
end of the permitted period (see subsection (7)).
(6)
For the purposes of subsection (5)(b) there is a relevant change of
circumstances in relation to an individual if—
(a) the individual has entered the British Islands, or
(b) a belief by the person to whom the warrant is addressed that the
individual was outside the British Islands was in fact mistaken.
(7)
In subsection (5)—