158
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(c)
the person to whom the warrant is addressed considers that the
communications or other items of information (“the targeted
communications or other items of information”) are likely to be
communications made or (as the case may be) other items of
information created or held with the intention of furthering a criminal
purpose.
(7)
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.
(8)
A senior official may give an approval under subsection (7) only if the official
considers that the targeted communications or other items of information are
likely to be communications made or (as the case may be) other items of
information created or held with the intention of furthering a criminal purpose.
(9)
Where an item subject to legal privilege which has been obtained under a bulk
equipment interference 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 bulk
equipment interference warrant, see section 191.)
(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)—
(a) the Secretary of State;
(b) the person to whom the warrant is or was addressed.
195
Additional safeguard for confidential journalistic material
Where—