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Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
“senior officer”, in relation to a warrant addressed to the head of an
intelligence service, means a member of the intelligence service who—
(a) is a member of the Senior Civil Service or a member of the
Senior Management Structure of Her Majesty’s Diplomatic
Service, or
(b) holds a position in the intelligence service of equivalent
seniority to such a member;
“the permitted period” means the period ending with the fifth working
day after the time mentioned in subsection (5)(b).
(8)
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In a case where the selection of intercepted content for examination is
authorised by subsection (5), the person to whom the warrant is addressed
must notify the Secretary of State that the selection is being carried out.
Additional safeguards for items subject to legal privilege
(1)
Subsection (2) applies if, in a case where intercepted content obtained under a
bulk interception warrant is to be selected for examination—
(a) the selection of the intercepted content for examination meets any of
the selection conditions in section 152(3)(a) to (c), and
(b) either—
(i) the purpose, or one of the purposes, of using the criteria to be
used for the selection of the intercepted content for examination
(“the relevant criteria”) is to identify any items subject to legal
privilege, or
(ii) the use of the relevant criteria is likely to identify such items.
(2)
The intercepted content may be selected for examination using the relevant
criteria only if a senior official acting on behalf of the Secretary of State has
approved the use of those criteria.
(3)
In deciding whether to give an approval under subsection (2) in a case where
subsection (1)(b)(i) applies, a senior official must have regard to the public
interest in the confidentiality of items subject to legal privilege.
(4)
A senior official may give an approval under subsection (2) only if—
(a) the official considers that the arrangements made for the purposes of
section 150 (safeguards relating to retention and disclosure of material)
include specific arrangements for the handling, retention, use and
destruction of items subject to legal privilege, and
(b) where subsection (1)(b)(i) applies, the official considers that there are
exceptional and compelling circumstances that make it necessary to
authorise the use of the relevant criteria.
(5)
For the purposes of subsection (4)(b), there cannot be exceptional and
compelling circumstances that make it necessary to authorise the use of the
relevant criteria unless—
(a) the public interest in obtaining the information that would be obtained
by the selection of the intercepted content for examination 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) obtaining the information is necessary in the interests of national
security or for the purpose of preventing death or significant injury.