Investigatory Powers Bill (HC Bill 143)

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(b) in the interests of the economic well-being of the United Kingdom so
far as those interests are also relevant to the interests of national
security (but see subsection (3)).

(3) A warrant may be considered necessary on the ground falling within
5subsection (2)(b) only if the communications data which it is considered
necessary to obtain is communications data relating to the acts or intentions of
persons outside the British Islands.

(4) A warrant may not be considered necessary in the interests of national security
or on any other grounds falling within subsection (2) if it is considered
10necessary only for the purpose of gathering evidence for use in any legal
proceedings.

(5) The matters to be taken into account in considering whether the conditions in
paragraphs (a) and (b) of subsection (1) are met include whether the
communications data which it is thought necessary to obtain under the
15warrant could reasonably be obtained by other means.

(6) A bulk acquisition warrant is a warrant which authorises or requires the
person to whom it is addressed to secure, by any conduct described in the
warrant, any one or more of the activities in subsection (7).

(7) The activities are—

(a) 20requiring a telecommunications operator specified in the warrant—

(i) to disclose to a person specified in the warrant any
communications data which is specified in the warrant and is in
the possession of the operator,

(ii) to obtain any communications data specified in the warrant
25which is not in the possession of the operator but which the
operator is capable of obtaining, or

(iii) to disclose to a person specified in the warrant any data
obtained as mentioned in sub-paragraph (ii),

(b) the selection for examination, in any manner described in the warrant,
30of communications data obtained under the warrant,

(c) the disclosure, in any manner described in the warrant, of such data to
the person to whom the warrant is addressed or to any person acting
on that person’s behalf.

(8) A bulk acquisition warrant also authorises the following conduct (in addition
35to 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, and

(b) 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
40addressed, to be provided with assistance in giving effect to the
warrant.

(9) A bulk acquisition warrant may relate to data whether or not in existence at the
time of the issuing of the warrant.

(10) An application for the issue of a bulk acquisition warrant may only be made on
45behalf of the head of an intelligence service by a person holding office under
the Crown.

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139 Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a decision to issue a warrant under section 138,
a Judicial Commissioner must review the Secretary of State’s conclusions as to
the following matters—

(a) 5whether the warrant is necessary as mentioned in subsection (1)(a) of
that section,

(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) whether—

(i) 10each of the specified operational purposes (see section 141) is a
purpose for which the examination of communications data
obtained under the warrant is or may be necessary, and

(ii) the examination of such data for each such purpose is necessary
as mentioned in section 138(1)(c)(ii).

(2) 15In doing so, the Judicial Commissioner must apply the same principles as
would be applied by a court on an application for judicial review.

(3) Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 138, the Judicial Commissioner must give the Secretary
of State written reasons for the refusal.

(4) 20Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to issue a warrant under section
138, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.

140 Decisions to issue warrants to be taken personally by Secretary of State

(1) 25The decision to issue a bulk acquisition warrant must be taken personally by
the Secretary of State.

(2) Before a bulk acquisition warrant is issued, it must be signed by the Secretary
of State.

141 Requirements that must be met by warrants

(1) 30A bulk acquisition warrant must contain a provision stating that it is a bulk
acquisition warrant.

(2) A bulk acquisition warrant must be addressed to the head of the intelligence
service by whom, or on whose behalf, the application for the warrant was
made.

(3) 35A bulk acquisition warrant must specify the operational purposes for which
any communications data obtained under the warrant may be selected for
examination.

(4) In specifying any operational purposes, it is not sufficient simply to use the
descriptions contained in section 138(1)(a) or (2), but the purposes may still be
40general purposes.

(5) The warrant may, in particular, specify all of the operational purposes which,
at the time the warrant is issued, the person to whom it is addressed considers
are operational purposes for which communications data obtained under bulk
acquisition warrants may be selected for examination.

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(6) In this Chapter “the specified operational purposes”, in relation to bulk
acquisition warrants, means the operational purposes specified in the warrant
in accordance with this section.

Duration, modification and cancellation of warrants

142 5Duration of warrants

(1) A bulk acquisition warrant (unless already cancelled) ceases to have effect at
the end of the period of 6 months beginning with—

(a) the day on which the warrant was issued, or

(b) in the case of a warrant that has been renewed, the day after the day at
10the end of which the warrant would have ceased to have effect if it had
not been renewed.

(2) For provision about the renewal of warrants, see section 143.

143 Renewal of warrants

(1) If the renewal conditions are met, a bulk acquisition warrant may be renewed,
15at any time before it would otherwise cease to have effect, by an instrument
issued by the Secretary of State.

This is subject to subsection (5).

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be
20necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within section
138(2),

(b) that the Secretary of State considers that the conduct that would be
25authorised by the renewed warrant continues to be proportionate to
what is sought to be achieved by that conduct,

(c) that the Secretary of State considers that—

(i) each of the specified operational purposes (see section 141) is a
purpose for which the examination of communications data
30obtained under the warrant continues to be, or may be,
necessary, and

(ii) the examination of such data for each such purpose continues to
be necessary on any of the grounds on which the Secretary of
State considers that the warrant continues to be necessary, and

(d) 35that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) The decision to renew a bulk acquisition warrant must be taken personally by
the Secretary of State and the instrument renewing the warrant must be signed
by the Secretary of State.

(4) 40Section 139 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a bulk acquisition warrant as it applies in
relation to a decision to issue a bulk acquisition warrant.

This is subject to subsection (5).

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(5) In the case of the renewal of a bulk acquisition warrant that has been modified
so that it no longer authorises or requires the carrying out of one or more
activities falling within section 138(7)(a)—

(a) the renewal condition in subsection (2)(a) is to be disregarded,

(b) 5the reference in subsection (2)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary is to be read as
a reference to any grounds falling within section 138(1)(a) or (2), and

(c) section 139 has effect as if—

(i) paragraph (a) of subsection (1) were omitted, and

(ii) 10the reference in subsection (1)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary were a
reference to any grounds falling within section 138(1)(a) or (2).

144 Modification of warrants

(1) The provisions of a bulk acquisition warrant may be modified at any time by
15an instrument issued by the person making the modification.

(2) The only modifications that may be made under this section are—

(a) adding, varying or removing any operational purpose specified in the
warrant as a purpose for which any communications data obtained
under the warrant may be selected for examination, and

(b) 20providing that the warrant no longer authorises or requires the
carrying out of one or more activities falling within section 138(7)(a).

(3) In this section—

(a) a modification adding or varying any operational purpose as
mentioned in paragraph (a) of subsection (2) is referred to as a “major
25modification”, and

(b) any other modification within that subsection is referred to as a “minor
modification”.

(4) A major modification—

(a) must be made by the Secretary of State, and

(b) 30may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 138(1)(a)).

(5) Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
35make the modification is approved by a Judicial Commissioner.

(6) Section 139 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to make a major modification of a bulk acquisition
warrant as it applies in relation to the decision to issue a bulk acquisition
warrant.

40Section 145 contains provision about the approval of major modifications made
in urgent cases.

(7) A minor modification may be made by—

(a) the Secretary of State, or

(b) a senior official acting on behalf of the Secretary of State.

(8) 45Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.

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(9) If at any time a person mentioned in subsection (7) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of communications data obtained under the warrant is or may be
necessary, the person must modify the warrant by removing that operational
5purpose.

(10) The decision to modify the provisions of a warrant must be taken personally
by the person making the modification, and the instrument making the
modification must be signed by that person.

This is subject to subsection (11) (urgent cases).

(11) 10In a case where the Secretary of State considers that there is an urgent need to
make a major modification—

(a) the instrument making the modification may be signed by a senior
official designated by the Secretary of State for that purpose, and

(b) the instrument must contain a statement that the case is an urgent case
15in which the Secretary of State has personally and expressly authorised
the making of the modification.

(12) Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised or required by
it.

145 20Approval of major modifications made in urgent cases

(1) This section applies where—

(a) the Secretary of State makes a major modification of a bulk acquisition
warrant without the approval of a Judicial Commissioner, and

(b) the Secretary of State considered that there was an urgent need to make
25the modification.

(2) The Secretary of State must inform a Judicial Commissioner that the
modification has been made.

(3) The Judicial Commissioner must, before the end of the relevant period—

(a) decide whether to approve the decision to make the modification, and

(b) 30notify the Secretary of State of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the fifth working day after
the day on which the modification was made.

(4) If the Judicial Commissioner refuses to approve the decision to make the
modification—

(a) 35the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and

(b) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
done under the warrant by virtue of that modification stops as soon as
40possible.

(5) Nothing in this section affects the lawfulness of—

(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect,

(b) if anything is in the process of being done under the warrant by virtue
45of the modification when the modification ceases to have effect—

(i) anything done before that thing could be stopped, or

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(ii) anything done which it is not reasonably practicable to stop.

146 Cancellation of warrants

(1) The Secretary of State, or a senior official acting on behalf of the Secretary of
State, may cancel a bulk acquisition warrant at any time.

(2) 5If the Secretary of State, or a senior official acting on behalf of the Secretary of
State, considers that any of the cancellation conditions are met in relation to a
bulk acquisition warrant, the person must cancel the warrant.

(3) The cancellation conditions are—

(a) that the warrant is no longer necessary in the interests of national
10security,

(b) that the conduct authorised by the warrant is no longer proportionate
to what is sought to be achieved by that conduct,

(c) that the examination of communications data obtained under the
warrant is no longer necessary for any of the specified operational
15purposes (see section 141).

(4) But the condition in subsection (3)(a) does not apply where the warrant has
been modified so that it no longer authorises or requires the carrying out of one
or more activities falling within section 138(7)(a).

(5) Where a warrant is cancelled under this section, the person to whom the
20warrant was addressed must, so far as is reasonably practicable, secure that
anything in the process of being done under the warrant stops as soon as
possible.

(6) A warrant that has been cancelled under this section may not be renewed.

Implementation of warrants

147 25Implementation of warrants

(1) In giving effect to a bulk acquisition warrant, the person to whom it is
addressed (“the implementing authority”) may (in addition to acting alone) act
through, or together with, such other persons as the implementing authority
may require (whether under subsection (2) or otherwise) to provide the
30authority with assistance in giving effect to the warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
bulk acquisition warrant, the implementing authority may—

(a) serve a copy of the warrant on any person whom the implementing
authority considers may be able to provide such assistance, or

(b) 35make arrangements for the service of a copy of the warrant on any such
person.

(3) A copy of a warrant may be served under subsection (2) on a person outside
the United Kingdom for the purpose of requiring the person to provide such
assistance in the form of conduct outside the United Kingdom.

(4) 40For the purposes of this Act, the provision of assistance in giving effect to a
bulk acquisition warrant includes any disclosure to the implementing
authority, or to persons acting on behalf of the implementing authority, of
communications data obtained under the warrant.

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(5) References in this section and in sections 148 and 149 to the service of a copy of
a warrant include—

(a) the service of a copy of one or more schedules contained in the warrant
with the omission of the remainder of the warrant, and

(b) 5the service of a copy of the warrant with the omission of any schedule
contained in the warrant.

148 Service of warrants outside the United Kingdom

(1) This section applies to the service of bulk acquisition warrants under section
147(3) on a person outside the United Kingdom.

(2) 10A copy of a warrant may be served on the person in any of the following ways
(as well as by electronic or other means of service)—

(a) by serving it at the person’s principal office within the United Kingdom
or, if the person has no such office in the United Kingdom, at any place
in the United Kingdom where the person carries on business or
15conducts activities;

(b) if the person has specified an address in the United Kingdom as one at
which the person, or someone on the person’s behalf, will accept
service of documents of the same description as a copy of a warrant, by
serving it at that address;

(c) 20by making it available for inspection (whether to the person or to
someone acting on the person’s behalf) at a place in the United
Kingdom (but this is subject to subsection (3)).

(3) A copy of a warrant may be served on a person in the way mentioned in
subsection (2)(c) only if—

(a) 25it is not reasonably practicable for a copy to be served by any other
means (whether as mentioned in subsection (2)(a) or (b) or otherwise),
and

(b) the implementing authority takes such steps as the authority considers
appropriate for the purpose of bringing the contents of the warrant, and
30the availability of a copy for inspection, to the attention of the person.

(4) The steps mentioned in subsection (3)(b) must be taken as soon as reasonably
practicable after the copy of the warrant is made available for inspection.

(5) In this section “the implementing authority” has the same meaning as in
section 147.

149 35Duty of operators to assist with implementation

(1) A telecommunications operator that has been served with a copy of a bulk
acquisition warrant by (or on behalf of) the implementing authority must take
all steps for giving effect to the warrant that are notified to the operator by (or
on behalf of) the implementing authority.

40This is subject to subsection (3).

(2) Subsection (1) applies whether or not the operator is in the United Kingdom.

(3) The operator is not required to take any steps which it is not reasonably
practicable for the operator to take.

(4) Where obligations have been imposed on a telecommunications operator (“P”)
45under section 217 (maintenance of technical capability), for the purposes of

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subsection (3) the steps which it is reasonably practicable for P to take include
every step which it would have been reasonably practicable for P to take if P
had complied with all of those obligations.

(5) The duty imposed by subsection (1) is enforceable against a person in the
5United Kingdom by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.

(6) In this section “the implementing authority” has the same meaning as in
section 147.

10Restrictions on use or disclosure of data obtained under warrants etc.

150 Safeguards relating to the retention and disclosure of data

(1) The Secretary of State must ensure, in relation to every bulk acquisition
warrant, that arrangements are in force for securing—

(a) that the requirements of subsections (2) and (5) are met in relation to the
15communications data obtained under the warrant, and

(b) that the requirements of section 151 are met in relation to that data.

This is subject to subsection (8).

(2) The requirements of this subsection are met in relation to the communications
data obtained under a warrant if each of the following is limited to the
20minimum that is necessary for the authorised purposes (see subsection (3))—

(a) the number of persons to whom any of the data is disclosed or
otherwise made available,

(b) the extent to which any of the data is disclosed or otherwise made
available,

(c) 25the extent to which any of the data is copied,

(d) the number of copies that are made.

(3) For the purposes of subsection (2) something is necessary for the authorised
purposes if, and only if—

(a) it is, or is likely to become, necessary in the interests of national security
30or on any other grounds falling within section 138(2),

(b) it is necessary for facilitating the carrying out of any functions under
this Act of the Secretary of State, the Scottish Ministers or the head of
the intelligence service to whom the warrant is or was addressed,

(c) it is necessary for facilitating the carrying out of any functions of the
35Judicial Commissioners or the Investigatory Powers Tribunal under or
in relation to this Act,

(d) it is necessary to ensure that a person (“P”) who is conducting a
criminal prosecution has the information P needs to determine what is
required of P by P’s duty to secure the fairness of the prosecution,

(e) 40it is necessary for use as evidence in legal proceedings, or

(f) it is necessary for the performance of any duty imposed on any person
by the Public Records Act 1958 or the Public Records Act (Northern
Ireland) 1923.

(4) The arrangements for the time being in force under subsection (1) for securing
45that the requirements of subsection (2) are met in relation to the
communications data obtained under the warrant must include arrangements

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for securing that every copy made of any of that data is stored, for so long as it
is retained, in a secure manner.

(5) The requirements of this subsection are met in relation to the communications
data obtained under a warrant if every copy made of any of that data (if not
5destroyed earlier) is destroyed as soon there are no longer any relevant
grounds for retaining it (see subsection (6)).

(6) For the purposes of subsection (5), there are no longer any relevant grounds for
retaining a copy of any data if, and only if—

(a) its retention is not necessary, or not likely to become necessary, in the
10interests of national security or on any other grounds falling within
section 138(2), and

(b) its retention is not necessary for any of the purposes mentioned in
paragraphs (b) to (f) of subsection (3) above.

(7) Subsection (8) applies if—

(a) 15any communications data obtained under the warrant has been handed
over to any overseas authorities, or

(b) a copy of any such data has been given to any overseas authorities.

(8) To the extent that the requirements of subsections (2) and (5) relate to any of
the data mentioned in subsection (7)(a), or to the copy mentioned in subsection
20(7)(b), the arrangements made for the purposes of subsection (1) are not
required to secure that those requirements are met.

(9) But the Secretary of State must instead ensure that arrangements are in force
for securing that communications data obtained under a bulk acquisition
warrant, or any copy of such data, is handed over or given to an overseas
25authority only if the Secretary of State considers that requirements
corresponding to the requirements of subsections (2) and (5) will apply, to such
extent (if any) as the Secretary of State considers appropriate, in relation to
such data or copy.

(10) In this section—

  • 30“copy”, in relation to communications data obtained under a warrant,
    means any of the following (whether or not in documentary form)—

    (a)

    any copy, extract or summary of the data which identifies the
    data as having been obtained under the warrant, and

    (b)

    any record referring to the obtaining of the data which is a
    35record of the identities of the persons to whom the data relates,

    and “copied” is to be read accordingly,

  • “overseas authorities” means authorities of a country or territory outside

    the United Kingdom.

151 Safeguards relating to examination of data

(1) 40For the purposes of section 150 the requirements of this section are met in
relation to the communications data obtained under a warrant if—

(a) any selection of the data for examination is carried out only for the
specified purposes (see subsection (2)), and

(b) the selection of any of the data for examination is necessary and
45proportionate in all the circumstances.

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(2) The selection of communications data for examination is carried out only for
the specified purposes if the data is selected for examination only so far as is
necessary for the operational purposes specified in the warrant in accordance
with section 141.

(3) 5In subsection (2) “specified in the warrant” means specified in the warrant at
the time of the selection of the data for examination.

Supplementary provision

152 Offence of making unauthorised disclosure

(1) It is an offence for—

(a) 10a telecommunications operator who is under a duty by virtue of section
149 to assist in giving effect to a bulk acquisition warrant, or

(b) any person employed or engaged for the purposes of the business of
such an operator,

to disclose to any person, without reasonable excuse, the existence or contents
15of the warrant.

(2) For the purposes of subsection (1), it is, in particular, a reasonable excuse if the
disclosure is made with the permission of the Secretary of State.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) 20to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or

(ii) to a fine,

25or to both;

(b) on summary conviction in Scotland—

(i) to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(c) 30on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding
352 years or to a fine, or to both.

153 Chapter 2: interpretation

(1) In this Chapter—

  • “communications data” does not include communications data within the
    meaning given by section 224(3),

  • 40“senior official” means—

    (a)

    a member of the Senior Civil Service, or

    (b)

    a member of the Senior Management Structure of Her Majesty’s
    Diplomatic Service,

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  • “the specified operational purposes” has the meaning given by section
    141(6).

(2) See also—

  • section 223 (telecommunications definitions),

  • 5section 225 (general definitions),

  • section 226 (index of defined expressions).

CHAPTER 3 Bulk equipment interference warrants

Bulk equipment interference warrants

154 Bulk equipment interference warrants: general

(1) 10For the purposes of this Act, a warrant is “bulk equipment interference
warrant” if—

(a) it is issued under this Chapter,

(b) it authorises or requires the person to whom it is addressed to secure
interference with any equipment for the purpose of obtaining—

(i) 15communications (see section 173);

(ii) equipment data (see section 155);

(iii) any other information;

(c) the main purpose of the warrant is to obtain one or more of the
following—

(i) 20overseas-related communications;

(ii) overseas-related information;

(iii) overseas-related equipment data.

(2) In this Chapter—

  • “overseas-related communications” means—

    (a)

    25communications sent by individuals who are outside the British
    Islands, or

    (b)

    communications received by individuals who are outside the
    British Islands;

  • “overseas-related information” means information of individuals who are
    30outside the British Islands.

(3) For the purpose of this Chapter, equipment data is “overseas-related
equipment data” if—

(a) it forms part of, or is connected with, overseas-related communications
or overseas-related information;

(b) 35it would or may assist in establishing the existence of overseas-related
communications or overseas-related information or in obtaining such
communications or information;

(c) it would or may assist in developing capabilities in relation to obtaining
overseas-related communications or overseas-related information.

(4) 40A bulk equipment interference warrant—

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(a) must 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 or require the person to whom it is addressed to
5secure—

(i) the selection for examination, in any manner described in the
warrant, of any material obtained under the warrant by virtue
of paragraph (a);

(ii) the disclosure, in any manner described in the warrant, of any
10such material to the person to whom the warrant is addressed
or to any person acting on that person’s behalf.

(5) A bulk 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
15expressly 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
20warrant is addressed to be provided with assistance in giving effect to
the warrant.

(6) A bulk equipment interference warrant may not, by virtue of subsection (4)(a),
authorise a person to engage in conduct, in relation to a communication other
than a stored communication, which would (unless done with lawful
25authority) constitute an offence under section 2(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).

(8) In subsection (6), “stored communication” means a communication stored in or
30by a telecommunication system (whether before or after its transmission).

(9) Any conduct which is carried out in accordance with a bulk equipment
interference warrant is lawful for all purposes.

155 Meaning of “equipment data”

(1) In this Chapter, “equipment data” means—

(a) 35systems data;

(b) data which falls within subsection (2).

(2) The data falling within this subsection is identifying data which—

(a) is, for the purposes of a relevant system, comprised in, included as part
of, attached to or logically associated with a communication (whether
40by the sender or otherwise) or any other item of information,

(b) is capable of being logically separated from the remainder of the
communication or the item of information, and

(c) if it were so separated, would not reveal anything of what might
reasonably be considered to be the meaning (if any) of the
45communication or the item of information, disregarding any meaning
arising from the fact of the communication or the existence of the item
of information or from any data relating to that fact.

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(3) In subsection (2), “relevant system” means any system on or by means of which
the data is held.

(4) For the meaning of “systems data” and “identifying data”, see section 225.

156 Power to issue bulk equipment interference warrants

(1) 5The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a bulk equipment interference warrant if—

(a) the Secretary of State considers that the main purpose of the warrant is
to obtain overseas-related communications, overseas-related
information or overseas-related equipment data,

(b) 10the Secretary of State considers that the warrant is necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within
subsection (2),

(c) the Secretary of State considers that the conduct authorised by the
15warrant is proportionate to what is sought to be achieved by that
conduct,

(d) the Secretary of State considers that—

(i) each of the specified operational purposes (see section 161) is a
purpose for which the examination of material obtained under
20the warrant is or may be necessary, and

(ii) the examination of such material for each such purpose is
necessary on any of the grounds on which the Secretary of State
considers the warrant to be necessary,

(e) the Secretary of State considers that satisfactory arrangements made for
25the purposes of sections 168 and 169 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(f) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

30For the meaning of “head of an intelligence service”, see section 225.

(2) A warrant is necessary on grounds falling within this subsection if it is
necessary—

(a) for the purpose of preventing or detecting serious crime, or

(b) in the interests of the economic well-being of the United Kingdom so
35far as those interests are also relevant to the interests of national
security (but see subsection (3)).

(3) A warrant may be considered necessary on the ground falling within
subsection (2)(b) only if the interference with equipment which would be
authorised by the warrant is considered necessary for the purpose of obtaining
40information relating to the acts or intentions of persons outside the British
Islands.

(4) The matters to be taken into account in considering whether the conditions in
paragraphs (a) and (b) of subsection (1) are met include whether what could be
achieved under the warrant could reasonably be achieved by other means.

(5) 45An application for the issue of a bulk equipment interference warrant may only
be made on behalf of the head of an intelligence service by a person holding
office under the Crown.

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157 Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a decision to issue a warrant under section 156,
a Judicial Commissioner must review the Secretary of State’s conclusions on
the following matters—

(a) 5whether the warrant is necessary as mentioned in subsection (1)(b) of
that section,

(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) whether—

(i) 10each of the specified operational purposes (see section 161) is a
purpose for which the examination of material obtained under
the warrant is or may be necessary, and

(ii) the examination of such material for each such purpose is
necessary as mentioned in section 156(1)(d)(ii).

(2) 15In doing so, the Judicial Commissioner must apply the same principles as
would be applied by a court on an application for judicial review.

(3) Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 156, the Judicial Commissioner must give the Secretary
of State written reasons for the refusal.

(4) 20Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to issue a warrant under section
156, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.

158 Approval of warrants issued in urgent cases

(1) 25This section applies where—

(a) a warrant under section 156 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) 30The 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.

35“The relevant period” means the period ending with the third working day
after the day on which the warrant was issued.

(4) If a Judicial Commissioner refuses to approve the decision to issue a warrant,
the warrant (unless already cancelled) ceases to have effect.

(5) Section 159 contains further provision about what happens if a Judicial
40Commissioner refuses to approve a decision to issue a warrant.

159 Failure to approve warrant issued in urgent case

(1) This section applies where under section 158(3) a Judicial Commissioner
refuses to approve a decision to issue a warrant.

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(2) The person to whom the warrant was addressed must, so far as is reasonably
practicable, secure that anything in the process of being done under the
warrant stops as soon as possible.

(3) The Judicial Commissioner may—

(a) 5authorise further interference with equipment for the purpose of
enabling the person to whom the warrant is addressed to secure that
anything in the process of being done under the warrant stops as soon
as possible;

(b) direct that any material obtained under the warrant is destroyed;

(c) 10impose conditions as to the use or retention of any of that material.

(4) The Judicial Commissioner—

(a) may require an affected party to make representations about how the
Judicial Commissioner should exercise any function under subsection
(3), and

(b) 15must have regard to any such representations made by an affected
party (whether or not as a result of a requirement imposed under
paragraph (a)).

(5) Each of the following is an “affected party” for the purposes of subsection (4)—

(a) the Secretary of State;

(b) 20the person to whom the warrant was addressed.

(6) The Secretary of State may ask the Investigatory Powers Commissioner to
review a decision made by any other Judicial Commissioner under subsection
(3).

(7) On a review under subsection (6), the Investigatory Powers Commissioner
25may—

(a) confirm the Judicial Commissioner’s decision, or

(b) make a fresh determination.

(8) Nothing in this section or section 158 affects the lawfulness of—

(a) anything done under the warrant before it ceases to have effect;

(b) 30if anything is in the process of being done under the warrant when it
ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done that it is not reasonably practicable to stop.

160 Decisions to issue warrants to be taken personally by Secretary of State

(1) 35The decision to issue a bulk equipment interference warrant must be taken
personally by the Secretary of State.

(2) Before a bulk equipment interference warrant is issued, it must be signed by
the Secretary of State.

(3) If it is not reasonably practicable for a warrant to be signed by the Secretary of
40State, the warrant may be signed by a senior official designated by the
Secretary of State for that purpose.

(4) In such a case, the warrant must contain a statement that—

(a) it is not reasonably practicable for the warrant to be signed by the
Secretary of State, and

Investigatory Powers BillPage 125

(b) the Secretary of State has personally and expressly authorised the issue
of the warrant.

161 Requirements that must be met by warrants

(1) A bulk equipment interference warrant must contain a provision stating that it
5is a bulk equipment interference warrant.

(2) A bulk equipment interference warrant must be addressed to the head of the
intelligence service by whom, or on whose behalf, the application for the
warrant was made.

(3) A bulk equipment interference warrant must describe the conduct that is
10authorised by the warrant.

(4) A bulk equipment interference warrant must specify the operational purposes
for which any material obtained under the warrant may be selected for
examination.

(5) In specifying any operational purposes, it is not sufficient simply to use the
15descriptions contained in section 156(1)(b) or (2), but the purposes may still be
general purposes.

(6) The warrant may, in particular, specify all of the operational purposes which,
at the time the warrant is issued, the person to whom it is addressed considers
are operational purposes for which material obtained under bulk equipment
20interference warrants may be selected for examination.

(7) In this Chapter, “the specified operational purposes”, in relation to a bulk
equipment interference warrant, means the operational purposes specified in
the warrant in accordance with this section.

Duration, modification and cancellation of warrants

162 25Duration of warrants

(1) A bulk equipment interference warrant, ceases to have effect at the end of the
relevant period (see subsection (2)), unless—

(a) it is renewed before the end of that period (see section 163), or