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Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(i)
(ii)
the intelligence service is prevented by section 202(1), (2) or (3)
from retaining, or retaining and examining, the bulk personal
dataset in reliance on the class BPD warrant, or
the intelligence service at any time considers that it would be
appropriate to seek a specific BPD warrant.
(4)
The application must include—
(a) a description of the bulk personal dataset to which the application
relates, and
(b) in a case where the intelligence service is seeking authorisation for the
examination of the bulk personal dataset, the operational purposes
which it is proposing should be specified in the warrant (see section
212).
(5)
Where subsection (3)(b)(i) applies, the application must include an explanation
of why the intelligence service is prevented by section 202(1), (2) or (3) from
retaining, or retaining and examining, the bulk personal dataset in reliance on
a class BPD warrant.
(6)
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 a bulk personal
dataset, the Secretary of State considers that—
(i) each of the specified operational purposes (see section 212) is a
purpose for which the examination of the bulk personal dataset
is or may be necessary, and
(ii) the examination of the bulk personal dataset 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 the bulk personal dataset and for
protecting it from unauthorised disclosure are satisfactory, and
(e) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue it has been approved by
a Judicial Commissioner.
(7)
The fact that a specific 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 (6)(a).
(8)
A specific BPD warrant relating to a bulk personal dataset (“dataset A”) may
also authorise the retention or examination of other bulk personal datasets
(“replacement datasets”) that do not exist at the time of the issue of the warrant
but may reasonably be regarded as replacements for dataset A.