138
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 2 — Bulk acquisition warrants
(5)
The steps mentioned in subsection (4)(b) must be taken as soon as reasonably
practicable after the copy of the warrant is made available for inspection.
(6)
In this section “the implementing authority” has the same meaning as in
section 168.
170
Duty of operators to assist with implementation
(1)
A telecommunications operator that has been served with a copy of a bulk
acquisition warrant by (or on behalf of) the implementing authority must take
all steps for giving effect to the warrant that are notified to the operator by (or
on behalf of) the implementing authority.
This is subject to subsection (3).
(2)
Subsection (1) applies whether or not the operator is in the United Kingdom.
(3)
The operator is not required to take any steps which it is not reasonably
practicable for the operator to take.
(4)
Where obligations have been imposed on a telecommunications operator (“P”)
under section 253 (technical capability notices), for the purposes of subsection
(3) the steps which it is reasonably practicable for P to take include every step
which it would have been reasonably practicable for P to take if P had
complied with all of those obligations.
(5)
The duty imposed by subsection (1) is enforceable against a person in the
United Kingdom by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.
(6)
In this section “the implementing authority” has the same meaning as in
section 168.
Restrictions on use or disclosure of data obtained under warrants etc.
171
Safeguards relating to the retention and disclosure of data
(1)
The Secretary of State must ensure, in relation to every bulk acquisition
warrant, that arrangements are in force for securing—
(a) that the requirements of subsections (2) and (5) are met in relation to the
communications data obtained under the warrant, and
(b) that the requirements of section 172 are met in relation to that data.
This is subject to subsection (8).
(2)
The requirements of this subsection are met in relation to the communications
data obtained under a warrant if each of the following is limited to the
minimum that is necessary for the authorised purposes (see subsection (3))—
(a) the number of persons to whom any of the data is disclosed or
otherwise made available,
(b) the extent to which any of the data is disclosed or otherwise made
available,
(c) the extent to which any of the data is copied,
(d) the number of copies that are made.
(3)
For the purposes of subsection (2) something is necessary for the authorised
purposes if, and only if—