Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 2 — Bulk acquisition warrants
(a)
(b)
(c)
(d)
(e)
(f)
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it is, or is likely to become, necessary in the interests of national security
or on any other grounds falling within section 158(2),
it is necessary for facilitating the carrying out of any functions under
this Act of the Secretary of State, the Scottish Ministers or the head of
the intelligence service to whom the warrant is or was addressed,
it is necessary for facilitating the carrying out of any functions of the
Judicial Commissioners or the Investigatory Powers Tribunal under or
in relation to this Act,
it is necessary to ensure that a person (“P”) who is conducting a
criminal prosecution has the information P needs to determine what is
required of P by P’s duty to secure the fairness of the prosecution,
it is necessary for use as evidence in legal proceedings, or
it is necessary for the performance of any duty imposed on any person
by the Public Records Act 1958 or the Public Records Act (Northern
Ireland) 1923.
(4)
The arrangements for the time being in force under subsection (1) for securing
that the requirements of subsection (2) are met in relation to the
communications data obtained under the warrant must include arrangements
for securing that every copy made of any of that data is stored, for so long as it
is retained, in a secure manner.
(5)
The requirements of this subsection are met in relation to the communications
data obtained under a warrant if every copy made of any of that data (if not
destroyed earlier) is destroyed as soon as there are no longer any relevant
grounds for retaining it (see subsection (6)).
(6)
For the purposes of subsection (5), there are no longer any relevant grounds for
retaining a copy of any data if, and only if—
(a) its retention is not necessary, or not likely to become necessary, in the
interests of national security or on any other grounds falling within
section 158(2), and
(b) its retention is not necessary for any of the purposes mentioned in
paragraphs (b) to (f) of subsection (3) above.
(7)
Subsection (8) applies if—
(a) any communications data obtained under the warrant has been handed
over to any overseas authorities, or
(b) a copy of any such data has been given to any overseas authorities.
(8)
To the extent that the requirements of subsections (2) and (5) and section 172
relate to any of the data mentioned in subsection (7)(a), or to the copy
mentioned in subsection (7)(b), the arrangements made for the purposes of
subsection (1) are not required to secure that those requirements are met.
(9)
But the Secretary of State must instead ensure that arrangements are in force
for securing that communications data obtained under a bulk acquisition
warrant, or any copy of such data, is handed over or given to an overseas
authority only if the Secretary of State considers that requirements
corresponding to the requirements of subsections (2) and (5) and section 172
will apply, to such extent (if any) as the Secretary of State considers
appropriate, in relation to such data or copy.
(10)
In this section—
“copy”, in relation to communications data obtained under a warrant,
means any of the following (whether or not in documentary form)—