166
Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
examination on the basis of criteria which are referable to an individual known
to be in the British Islands at the time of the selection.
208
Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a decision to issue a class BPD warrant or a
specific BPD warrant, a Judicial Commissioner must review the Secretary of
State’s conclusions as to the following matters—
(a) whether the warrant is necessary on grounds falling within section
204(3)(a) or (as the case may be) section 205(6)(a),
(b) whether the conduct that would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct, and
(c) where the warrant authorises examination of bulk personal datasets of
a class described in the warrant or (as the case may be) of a bulk
personal dataset described in the warrant, whether—
(i) each of the specified operational purposes (see section 212) is a
purpose for which the examination of bulk personal datasets of
that class or (as the case may be) the bulk personal dataset is or
may be necessary, and
(ii) the examination of bulk personal datasets of that class or (as the
case may be) the bulk personal dataset is necessary as
mentioned in section 204(3)(c)(ii) or (as the case may be) section
205(6)(c)(ii).
(2)
In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
privacy).
(3)
Where a Judicial Commissioner refuses to approve a decision to issue a class
BPD warrant or a specific BPD warrant, the Judicial Commissioner must give
the Secretary of State written reasons for the refusal.
(4)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to issue a class BPD warrant or a
specific BPD warrant, the Secretary of State may ask the Investigatory Powers
Commissioner to decide whether to approve the decision to issue the warrant.
209
Approval of specific BPD warrants issued in urgent cases
(1)
This section applies where—
(a) a specific BPD warrant is issued without the approval of a Judicial
Commissioner, and
(b) the Secretary of State considered that there was an urgent need to issue
it.
(2)
The Secretary of State must inform a Judicial Commissioner that it has been
issued.
(3)
The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to issue the warrant, and
(b) notify the Secretary of State of the Judicial Commissioner’s decision.