Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(a)
(b)
194
157
equipment data;
information (other than a communication or equipment data) which is
not private information.
Additional safeguards for items subject to legal privilege
(1)
Subsection (2) applies if, in a case where protected material obtained under a
bulk equipment interference warrant is to be selected for examination—
(a) the selection of the material for examination meets any of the selection
conditions in section 193(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 material 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 material 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 191 (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 material 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.
(6)
Subsection (7) applies if, in a case where protected material obtained under a
bulk equipment interference warrant is to be selected for examination—
(a) the selection of the material for examination meets any of the selection
conditions in section 193(3)(a) to (c),
(b) the purpose, or one of the purposes, of using the criteria to be used for
the selection of the material for examination (“the relevant criteria”) is
to identify communications or other items of information that, if they
were not communications made or (as the case may be) other items of
information created or held with the intention of furthering a criminal
purpose, would be items subject to legal privilege, and