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Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(c)
(d)
that the selection of the protected material for examination in breach of
that prohibition is authorised by subsection (5);
that the selection of the protected material for examination in breach of
that prohibition is authorised by a targeted examination warrant issued
under Part 5.
(4)
The prohibition referred to in subsection (3)(a) is that the protected material
may not at any time be selected for examination if—
(a) any criteria used for the selection of the material 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 protected material
consisting of communications sent by, or intended for, that individual
or private information relating to that individual.
It does not matter for the purposes of this subsection whether the identity of
the individual is known.
(5)
The selection of protected material (“the relevant material”) for examination is
authorised by this subsection if—
(a) criteria referable to an individual have been, or are being, used for the
selection of material 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 material for examination would breach the prohibition in
subsection (4),
(c) since that time, a written authorisation to examine the relevant material
using those criteria has been given by a senior officer, and
(d) the selection of the relevant material 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)—
“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)
In a case where the selection of protected material 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.
(9)
In this Part, “protected material” means any material obtained under the
warrant other than material which is—