Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
(9)
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An application for a specific BPD warrant may only be made on behalf of the
head of an intelligence service by a person holding office under the Crown.
Additional safeguards for health records
(1)
Subsections (2) and (3) apply if—
(a) an application is made by or on behalf of the head of an intelligence
service for the issue of a specific BPD warrant, and
(b) the purpose, or one of the purposes, of the warrant is to authorise the
retention, or the retention and examination, of health records.
(2)
The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to authorise the retention, or the retention and
examination, of health records.
(3)
The Secretary of State may issue the warrant only if the Secretary of State
considers that there are exceptional and compelling circumstances that make it
necessary to authorise the retention, or the retention and examination, of
health records.
(4)
Subsection (5) applies if—
(a) an application is made by or on behalf of the head of an intelligence
service for a specific BPD warrant,
(b) the head of the intelligence service considers that the bulk personal
dataset includes, or is likely to include, health records, and
(c) subsections (2) and (3) do not apply.
(5)
The application must contain either—
(a) a statement that the head of the intelligence service considers that the
bulk personal dataset includes health records, or
(b) a statement that the head of the intelligence service considers that it is
likely that the bulk personal dataset includes health records and an
assessment of how likely this is.
(6)
In this section, “health record” means a record, or a copy of a record, which—
(a) consists of information relating to the physical or mental health or
condition of an individual,
(b) was made by or on behalf of a health professional in connection with
the care of that individual, and
(c) was obtained by the intelligence service from a health professional or a
health service body or from a person acting on behalf of a health
professional or a health service body in relation to the record or the
copy.
(7)
In subsection (6)—
“health professional” has the same meaning as in the Data Protection Act
1998 (see section 69 of that Act);
“health service body” has the meaning given by section 69(3) of that Act.
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Protected data: power to impose conditions
Where the Secretary of State decides to issue a specific BPD warrant, the
Secretary of State may impose conditions which must be satisfied before
protected data retained in reliance on the warrant may be selected for