Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
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purposes which it is proposing should be specified in the warrant (see
section 212).
(3)
The Secretary of State may issue the warrant if—
(a) the Secretary of State considers that the warrant is necessary—
(i) in the interests of national security,
(ii) for the purposes of preventing or detecting serious crime, or
(iii) in the interests of the economic well-being of the United
Kingdom so far as those interests are also relevant to the
interests of national security,
(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by the
conduct,
(c) where the warrant authorises the examination of bulk personal datasets
of the class described in the warrant, the Secretary of State considers
that—
(i) each of the specified operational purposes (see section 212) is a
purpose for which the examination of bulk personal datasets of
that class is or may be necessary, and
(ii) the examination of bulk personal datasets of that class for each
such purpose is necessary on any of the grounds on which the
Secretary of State considers the warrant to be necessary,
(d) the Secretary of State considers that the arrangements made by the
intelligence service for storing bulk personal datasets of the class to
which the application relates and for protecting them from
unauthorised disclosure are satisfactory, and
(e) the decision to issue the warrant has been approved by a Judicial
Commissioner.
(4)
The fact that a class BPD warrant would authorise the retention, or the
retention and examination, of bulk personal datasets relating to activities in the
British Islands of a trade union is not, of itself, sufficient to establish that the
warrant is necessary on grounds falling within subsection (3)(a).
(5)
An application for a class BPD warrant may only be made on behalf of the head
of an intelligence service by a person holding office under the Crown.
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Specific 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 specific BPD warrant in the following cases.
(2)
Case 1 is where—
(a) the intelligence service is seeking authorisation to retain, or to retain
and examine, a bulk personal dataset, and
(b) the bulk personal dataset does not fall within a class described in a class
BPD warrant.
(3)
Case 2 is where—
(a) the intelligence service is seeking authorisation to retain, or to retain
and examine, a bulk personal dataset, and
(b) the bulk personal dataset falls within a class described in a class BPD
warrant but either—