162
Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(b)
that a substantial proportion of the bulk personal dataset consists of
sensitive personal data.
(3)
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 nature of the bulk personal dataset, or the circumstances in
which it was created, is or are such that its retention, or retention and
examination, by the intelligence service raises novel or contentious issues
which ought to be considered by the Secretary of State and a Judicial
Commissioner on an application by the head of the intelligence service for a
specific BPD warrant.
(4)
In subsection (2)—
“health records” has the same meaning as in section 206;
“sensitive personal data” means personal data consisting of information
about an individual (whether living or deceased) which is of a kind
mentioned in section 2(a) to (f) of the Data Protection Act 1998.
203
Meaning of “protected data”
(1)
In this Part, “protected data” means any data contained in a bulk personal
dataset other than data which is one or more of the following—
(a) systems data;
(b) data which falls within subsection (2);
(c) data which is not private information.
(2)
The data falling within this subsection is identifying data which—
(a) is contained in the bulk personal dataset,
(b) is capable of being logically separated from the bulk personal dataset,
and
(c) if it were so separated, would not reveal anything of what might
reasonably be considered to be the meaning (if any) of any of the data
which would remain in the bulk personal dataset or of the bulk
personal dataset itself, disregarding any meaning arising from the
existence of that data or (as the case may be) the existence of the bulk
personal dataset or from any data relating to that fact.
(3)
For the meaning of “systems data” see section 263(4).
(4)
In this section, “private information” includes information relating to a
person’s private or family life.
Issue of warrants
204
Class BPD warrants
(1)
The head of an intelligence service, or a person acting on his or her behalf, may
apply to the Secretary of State for a class BPD warrant.
(2)
The application must include—
(a) a description of the class of bulk personal datasets to which the
application relates, and
(b) in a case where the intelligence service is seeking authorisation for the
examination of bulk personal datasets of that class, the operational