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Investigatory Powers Commissioner’s Annual Report 2019
Safeguards relating to sensitive professions
There are a range of different approaches taken within the various Codes of Practice (CoP)
accompanying the sections within the Investigatory Powers Act in relation to sensitive
professions. To some extent, these reflect whether the data has been acquired under an
interception warrant, equipment interference warrant or retained as a bulk data set.
In our 2018 Annual Report, we highlighted that the Targeted Communications Data CoP contains
detailed guidance for examination where the purpose is not to identify or confirm a journalistic
source but where this is nonetheless likely. These protections are not mirrored in the Bulk
Communications Data CoP. We believe that these crucial safeguards should be consistent, both
in order to improve the level of understanding that members of these professions can have in
relation to these protections, and to enable users to apply similar standards across the different
powers they rely on. We have suggested to the Home Office that the CoP should be amended to
ensure consistency.
Additional safeguards for health records
3.21
The intelligence agencies may apply for a specific Bulk Personal Data (BPD) warrant to
retain and examine a dataset which includes heath records. Any such applications are
subject to an additional safeguard in that the case for retention and examination must
be judged by the Secretary of State to be exceptional and compelling. We are unable to
publish any details of whether, and to what extent, this power was used in 2019. However,
we can confirm that we have not identified any issues of non-compliance or made any
recommendations in relation to these safeguards.