Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
127
(6)
Subsection (7) 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),
(b) 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 communications that, if they were not made with
the intention of furthering a criminal purpose, would be items subject
to legal privilege, and
(c) the person to whom the warrant is addressed considers that the
communications (“the targeted communications”) are likely to be
communications made with the intention of furthering a criminal
purpose.
(7)
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.
(8)
A senior official may give an approval under subsection (7) only if the official
considers that the targeted communications are likely to be communications
made with the intention of furthering a criminal purpose.
(9)
Where an item subject to legal privilege which has been intercepted in
accordance with a bulk interception warrant is retained following its
examination, for purposes other than the destruction of the item, the person to
whom the warrant is addressed must inform the Investigatory Powers
Commissioner as soon as is reasonably practicable.
(For provision about the grounds for retaining material obtained under a
warrant, see section 150.)
(10)
Unless the Investigatory Powers Commissioner considers that subsection (12)
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.
(11)
If the Investigatory Powers Commissioner considers that subsection (12)
applies to the item, the Commissioner may nevertheless impose such
conditions under subsection (10)(b) as the Commissioner considers necessary
for the purpose of protecting the public interest in the confidentiality of items
subject to legal privilege.
(12)
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.
(13)
The Investigatory Powers Commissioner—
(a) may require an affected party to make representations about how the
Commissioner should exercise any function under subsection (10), 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)).
(14)
Each of the following is an “affected party” for the purposes of subsection
(13)—