161
Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(2)
In this Part, “personal data” has the same meaning as in the Data Protection Act
1998 except that it also includes data relating to a deceased individual where
the data would be personal data within the meaning of that Act if it related to
a living individual.
Requirement for warrant
200
Requirement for authorisation by warrant: general
(1)
An intelligence service may not exercise a power to retain a bulk personal
dataset unless the retention of the dataset is authorised by a warrant under this
Part.
(2)
An intelligence service may not exercise a power to examine a bulk personal
dataset retained by it unless the examination is authorised by a warrant under
this Part.
(3)
For the purposes of this Part, there are two kinds of warrant—
(a) a warrant, referred to in this Part as “a class BPD warrant”, authorising
an intelligence service to retain, or to retain and examine, any bulk
personal dataset of a class described in the warrant;
(b) a warrant, referred to in this Part as “a specific BPD warrant”,
authorising an intelligence service to retain, or to retain and examine,
any bulk personal dataset described in the warrant.
(4)
Section 201 sets out exceptions to the restrictions imposed by subsections (1)
and (2) of this section.
201
Exceptions to section 200(1) and (2)
(1)
Section 200(1) or (2) does not apply to the exercise of a power of an intelligence
service to retain or (as the case may be) examine a bulk personal dataset if the
intelligence service obtained the bulk personal dataset under a warrant or
other authorisation issued or given under this Act.
(2)
Section 200(1) or (2) does not apply at any time when a bulk personal dataset
is being retained or (as the case may be) examined for the purpose of enabling
any of the information contained in it to be destroyed.
(3)
Sections 210(8), 219(8) and 220(5) provide for other exceptions to section 200(1)
or (2) (in connection with cases where a Judicial Commissioner refuses to
approve a specific BPD warrant, the non-renewal or cancellation of BPD
warrants and initial examinations).
202
Restriction on use of class BPD warrants
(1)
An intelligence service may not retain, or retain and examine, a bulk personal
dataset in reliance on a class BPD warrant if the head of the intelligence service
considers that the bulk personal dataset consists of, or includes, protected data.
For the meaning of “protected data”, see section 203.
(2)
An intelligence service may not retain, or retain and examine, a bulk personal
dataset in reliance on a class BPD warrant if the head of the intelligence service
considers—
(a) that the bulk personal dataset consists of, or includes, health records, or