Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
(c)
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if the processing of data under the filtering arrangements is authorised,
the description of data that may be processed.
(4)
A designated senior officer must not grant an authorisation which authorises—
(a) use of the filtering arrangements, or
(b) processing under the filtering arrangements,
unless the condition in subsection (5) is met.
(5)
The condition is that the designated senior officer (as well as considering that
the other requirements of this Part in relation to granting the authorisation are
satisfied) considers that what is authorised in relation to the filtering
arrangements is proportionate to what is sought to be achieved.
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Duties in connection with operation of filtering arrangements
(1)
The Secretary of State must secure—
(a) that no authorisation data is obtained or processed under the filtering
arrangements except for the purposes of an authorisation,
(b) that data which—
(i) has been obtained or processed under the filtering
arrangements, and
(ii) is to be disclosed in pursuance of an authorisation or for the
purpose mentioned in section 67(1)(a),
is disclosed only to the person to whom the data is to be disclosed in
pursuance of the authorisation or (as the case may be) to the designated
senior officer concerned,
(c) that any authorisation data which is obtained under the filtering
arrangements in pursuance of an authorisation is immediately
destroyed—
(i) when the purposes of the authorisation have been met, or
(ii) if at any time it ceases to be necessary to retain the data for the
purposes or purpose concerned.
(2)
The Secretary of State must secure that data (other than authorisation data)
which is retained under the filtering arrangements is disclosed only—
(a) for the purpose mentioned in section 67(1)(a),
(b) for the purposes of support, maintenance, oversight, operation or
administration of the arrangements,
(c) to the Investigatory Powers Commissioner for the purposes of the
functions of the Commissioner mentioned in section 67(4) or (5), or
(d) otherwise as authorised by law.
(3)
The Secretary of State must secure that—
(a) only the Secretary of State and designated individuals are permitted to
read, obtain or otherwise process data for the purposes of support,
maintenance, oversight, operation or administration of the filtering
arrangements, and
(b) no other persons are permitted to access or use the filtering
arrangements except in pursuance of an authorisation or for the
purpose mentioned in section 67(1)(a).
(4)
In subsection (3)(a) “designated” means designated by the Secretary of State;
and the Secretary of State may designate an individual only if the Secretary of