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Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
(2)
Arrangements under subsection (1) (“filtering arrangements”) may, in
particular, involve the obtaining of communications data in pursuance of an
authorisation (“the target data”) by means of—
(a) a request to the Secretary of State to obtain the target data on behalf of
an authorised officer, and
(b) the Secretary of State—
(i) obtaining the target data or data from which the target data may
be derived,
(ii) processing the target data or the data from which it may be
derived (and retaining data temporarily for that purpose), and
(iii) disclosing the target data to the person identified for this
purpose by, or in accordance with, the authorisation.
(3)
Filtering arrangements may, in particular, involve the generation or use by the
Secretary of State of information—
(a) for the purpose mentioned in subsection (1)(a), or
(b) for the purposes of—
(i) the support, maintenance, oversight, operation or
administration of the arrangements, or
(ii) the functions of the Investigatory Powers Commissioner
mentioned in subsection (4) or (5).
(4)
Filtering arrangements must involve the generation and retention of such
information or documents as the Investigatory Powers Commissioner
considers appropriate for the purposes of the functions of the Commissioner
under section 229(1) of keeping under review the exercise by public authorities
of functions under this Part.
(5)
The Secretary of State must consult the Investigatory Powers Commissioner
about the principles on the basis of which the Secretary of State intends to
establish, maintain or operate any arrangements for the purpose mentioned in
subsection (1)(a).
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Use of filtering arrangements in pursuance of an authorisation
(1)
This section applies in relation to the use of the filtering arrangements in
pursuance of an authorisation.
(2)
The filtering arrangements may be used—
(a) to obtain and disclose communications data in pursuance of an
authorisation, only if the authorisation specifically authorises the use of
the arrangements to obtain and disclose the data,
(b) to process data in pursuance of an authorisation (and to retain the data
temporarily for that purpose), only if the authorisation specifically
authorises processing data of that description under the arrangements
(and their temporary retention for that purpose).
(3)
An authorisation must record the designated senior officer’s decision as to—
(a) whether the communications data to be obtained and disclosed in
pursuance of the authorisation may be obtained and disclosed by use
of the filtering arrangements,
(b) whether the processing of data under the filtering arrangements (and
its temporary retention for that purpose) is authorised,