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Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
PART 5
EQUIPMENT INTERFERENCE
Warrants under this Part
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Warrants under this Part: general
(1)
There are two kinds of warrants which may be issued under this Part—
(a) targeted equipment interference warrants (see subsection (2));
(b) targeted examination warrants (see subsection (9)).
(2)
A targeted equipment interference warrant is a warrant which authorises or
requires the person to whom it is addressed to secure interference with any
equipment for the purpose of obtaining—
(a) communications (see section 135);
(b) equipment data (see section 100);
(c) any other information.
(3)
A targeted equipment interference warrant—
(a) must also authorise or require the person to whom it is addressed to
secure the obtaining of the communications, equipment data or other
information to which the warrant relates;
(b) may also authorise that person to secure the disclosure, in any manner
described in the warrant, of anything obtained under the warrant by
virtue of paragraph (a).
(4)
The reference in subsections (2) and (3) to the obtaining of communications or
other information includes doing so by—
(a) monitoring, observing or listening to a person’s communications or
other activities;
(b) recording anything which is monitored, observed or listened to.
(5)
A targeted equipment interference warrant also authorises the following
conduct (in addition to the conduct described in the warrant)—
(a) any conduct which it is necessary to undertake in order to do what is
expressly authorised or required by the warrant, including conduct for
securing the obtaining of communications, equipment data or other
information;
(b) any conduct by any person which is conduct in pursuance of a
requirement imposed by or on behalf of the person to whom the
warrant is addressed to be provided with assistance in giving effect to
the warrant.
(6)
A targeted equipment interference warrant may not, by virtue of subsection
(3), authorise or require a person to engage in conduct, in relation to a
communication other than a stored communication, which would (unless done
with lawful authority) constitute an offence under section 3(1) (unlawful
interception).
(7)
Subsection (5)(a) does not authorise a person to engage in conduct which could
not be expressly authorised under the warrant because of the restriction
imposed by subsection (6).