Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 90

(i) the person is a member of the Senior Civil Service or a member
of the Senior Management Structure of Her Majesty’s
Diplomatic Service, or

(ii) the person holds a position in the intelligence service of
5equivalent seniority to such a person;

(b) in the case of the Ministry of Defence—

(i) the person is a member of the Senior Civil Service, or

(ii) the person is of or above the rank of brigadier, commodore or
air commodore.

113 10Further provision about modifications under section 111

(1) A modification, other than a modification removing any matter, name or
description, may be made under section 111 only if the person making the
modification considers—

(a) that the modification is necessary on any relevant grounds (see
15subsection (2)), and

(b) that the conduct authorised by the modification is proportionate to
what is sought to be achieved by that conduct.

(2) In subsection (1)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 97, grounds falling within
20section 97(5);

(b) in the case of a warrant issued under section 98, the purpose of
preventing or detecting serious crime;

(c) in the case of a warrant issued under section 99, the interests of national
security.

(3) 25Sections 106 (Members of Parliament etc.) and 107 (items subject to legal
privilege) apply in relation to the making of a modification to a warrant under
section 111, other than a modification removing any matter, name or
description, as they apply in relation to the issuing of a warrant.

(4) Where section 106 applies in relation to the making of a modification—

(a) 30the modification must be made by the Secretary of State, and

(b) the modification has effect only if the decision to make the modification
has been approved by a Judicial Commissioner.

(5) Where section 107 applies in relation to the making of a modification—

(a) the modification must be made by —

(i) 35the Secretary of State or (in the case of a warrant issued by the
Scottish Ministers) a member of the Scottish Government, or

(ii) if a senior official acting on behalf of a person within sub-
paragraph (i) considers that there is an urgent need to make the
modification, that senior official, and

(b) 40except where the person making the modification considers that there
is an urgent need to make it, the modification has effect only if the
decision to make the modification has been approved by a Judicial
Commissioner.

(6) In a case where section 106 or 107 applies in relation to the making of a
45modification, section 103 (approval of warrants by Judicial Commissioners)
applies in relation to the decision to make the modification as it applies in
relation to a decision to issue a warrant, but as if—

Investigatory Powers BillPage 91

(a) the references in subsection (1)(a) and (b) of that section to the warrant
were references to the modification, and

(b) any reference to the person who decided to issue the warrant were a
reference to the person who decided to make the modification.

5Section 115 contains provision about the approval of modifications made in
urgent cases.

(7) If, in a case where section 106 or 107 applies in relation to the making of a
modification, it is not reasonably practicable for the instrument making the
modification to be signed by the Secretary of State or (as the case may be) a
10member of the Scottish Government in accordance with section 111(4), the
instrument may be signed by a senior official designated by the Secretary of
State or (as the case may be) the Scottish Ministers for that purpose.

(8) In such a case, the instrument making the modification must contain a
statement that—

(a) 15it is not reasonably practicable for the instrument to be signed by the
person who took the decision to make the modification, and

(b) the Secretary of State or (as the case may be) a member of the Scottish
Government has personally and expressly authorised the making of the
modification.

114 20Notification of modifications

(1) As soon as is reasonably practicable after a person makes a modification of a
warrant under section 111, a Judicial Commissioner must be notified of the
modification and the reasons for making it.

(2) But subsection (1) does not apply where—

(a) 25the modification is to remove any matter, name or description included
in the warrant in accordance with section 108(3) to (5),

(b) the modification is made by virtue of section 112(2), or

(c) section 106 or 107 applies in relation to the making of the modification.

(3) Where a modification is made by a senior official in accordance with section
30112(1) or section 113(5)(a)(ii), the Secretary of State or (in the case of a warrant
issued by the Scottish Ministers) a member of the Scottish Government must
be notified personally of the modification and the reasons for making it.

115 Approval of modifications under section 111 made in urgent cases

(1) This section applies where a person makes a modification of a warrant by
35virtue of section 112(2).

(2) This section also applies where—

(a) section 107 applies in relation to the making of a modification under
section 111,

(b) the person making the modification does so without the approval of a
40Judicial Commissioner, and

(c) the person considered that there was an urgent need to make the
modification.

(3) The person who made the modification must inform the appropriate person
that it has been made.

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(4) In this section—

  • “the appropriate person” is—

    (a)

    in a case falling within subsection (1), a designated senior
    official, and

    (b)

    5in a case falling within subsection (2), a Judicial Commissioner;

  • “designated senior official” means a senior official who has been
    designated by the Secretary of State or (in the case of warrants issued
    by the Scottish Ministers) the Scottish Ministers for the purposes of this
    section.

(5) 10The appropriate person must, before the end of the relevant period—

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

(b) notify the person of the appropriate person’s decision.

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

(6) 15As soon as is reasonably practicable after a designated senior official makes a
decision under subsection (5)—

(a) a Judicial Commissioner must be notified of—

(i) the decision, and

(ii) if the senior official has decided to approve the decision to make
20the modification, the modification in question, and

(b) the Secretary of State or (in the case of a warrant issued by the Scottish
Ministers) a member of the Scottish Government must be notified
personally of the matters mentioned in paragraph (a)(i) and (ii).

(7) If the appropriate person refuses to approve the decision to make the
25modification—

(a) the 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
30done under the warrant by virtue of that modification stops as soon as
possible.

(8) In a case where the appropriate person refuses to approve a decision to make
a modification of a targeted equipment interference warrant, the appropriate
person may authorise further interference with equipment for the purpose of
35enabling the person to whom the warrant is addressed to secure that anything
in the process of being done under the warrant by virtue of the modification
stops as soon as possible.

(9) If the appropriate person authorises further interference with equipment
under subsection (8), the Secretary of State or (in the case of a warrant issued
40by the Scottish Ministers) a member of the Scottish Government must be
notified personally of the authorisation.

(10) 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) 45if anything is in the process of being done under the warrant by virtue
of the modification when the modification ceases to have effect—

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

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

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116 Modification of warrants issued by law enforcement chiefs

(1) The provisions of a warrant issued under section 101 by a law enforcement
chief, or by an appropriate delegate in relation to that chief, may be modified
at any time—

(a) 5by the law enforcement chief, or

(b) if the warrant was issued by an appropriate delegate, by that person.

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

(a) adding to the matters to which the warrant relates (see section 96(1) and
(2)), by including the details required in relation to that matter by
10section 108(3) or (5);

(b) removing a matter to which the warrant relates;

(c) adding (in relation to a matter to which the warrant relates) a name or
description to the names or descriptions included in the warrant in
accordance with section 108(3) or (5);

(d) 15varying or removing (in relation to a matter to which the warrant
relates) a name or description included in the warrant in accordance
with section 108(3) or (5);

(e) adding to the descriptions of types of equipment included in the
warrant in accordance with section 108(4)(a);

(f) 20varying or removing a description of a type of equipment included in
the warrant in accordance with section 108(4)(a).

(3) But where a warrant relates only to a matter specified in section 96(1)(a), only
to a matter specified in section 96(1)(d), or only to both such matters, the details
included in the warrant in accordance with section 108(3) may not be modified.

(4) 25A modification may be made only if—

(a) except in the case of a modification removing any matter, name or
description, the person making the modification considers that—

(i) the modification is necessary on any relevant grounds (see
subsection (5)), and

(ii) 30the conduct authorised by the modification is proportionate to
what is sought to be achieved by that conduct, and

(b) except where the person making the modification considers that there
is an urgent need to make it, the decision to make the modification has
been approved by a Judicial Commissioner.

(5) 35In subsection (4)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 101(1), the purpose
mentioned in section 101(1)(a);

(b) in the case of a warrant issued under section 101(3), the purpose
mentioned in section 101(3)(a).

(6) 40The decision to make any modification must be taken personally by the person
making the modification, and the instrument making the modification must be
signed by that person.

(7) Section 103 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to make a modification of a warrant issued under section
45101 as it applies in relation to a decision to issue such a warrant, but as if—

(a) the references in subsection (1)(a) and (b) of that section to the warrant
were references to the modification, and

Investigatory Powers BillPage 94

(b) any reference to the person who decided to issue the warrant were a
reference to the person who decided to make the modification.

(8) Sections 106 (Members of Parliament etc.) and 107 (items subject to legal
privilege) apply in relation to the making of a modification to a warrant under
5this section, other than a modification removing any matter, name or
description, as they apply in relation to the issuing of a warrant.

(9) In the application of section 106 in accordance with subsection (8), subsection
(5) is to be read as if for the words from “unless” to the end of the subsection
there were substituted “unless the law enforcement chief believes that the
10warrant (as modified) would authorise interference only with equipment
which would be in Scotland at the time of the making of the modification or
which the law enforcement chief believes would be in Scotland at that time”.

(10) Where section 106 applies in relation to the making of a modification to a
warrant under this section, subsection (4)(b) of this section has effect in relation
15to the making of the modification as if the words “except where the person
making the modification considers that there is an urgent need to make it”
were omitted.

(11) 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
20it.

117 Approval of modifications under section 116 in urgent cases

(1) This section applies where—

(a) a modification is made under section 116 without the approval of a
Judicial Commissioner, and

(b) 25the person who made the modification considered that there was an
urgent need to make it.

(2) The person who made the modification must inform a Judicial Commissioner
that it has been made.

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

(a) 30decide whether to approve the decision to make the modification, and

(b) notify the person 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
35modification—

(a) the person who issued the warrant must be notified of the refusal,

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

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

(5) In a case where a Judicial Commissioner refuses to approve a decision to make
a modification of a targeted equipment interference warrant, the Judicial
45Commissioner may authorise further interference with equipment for the
purpose of enabling the person to whom the warrant is addressed to secure

Investigatory Powers BillPage 95

that anything in the process of being done under the warrant by virtue of the
modification stops as soon as possible.

(6) If the Judicial Commissioner authorises further interference with equipment
under subsection (5), the person who issued the warrant must be informed of
5the authorisation.

(7) 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
10of the modification when the modification ceases to have effect—

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

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

118 Cancellation of warrants

(1) Any of the appropriate persons may cancel a warrant issued under this Part at
15any time.

(2) If any of the appropriate persons considers that—

(a) a warrant issued under this Part is no longer necessary on any relevant
grounds, or

(b) the conduct authorised by a warrant issued under this Part is no longer
20proportionate to what is sought to be achieved by the conduct,

the person must cancel the warrant.

(3) In subsection (2)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 97, grounds falling within
section 97(5);

(b) 25in the case of a warrant issued under section 98, the purpose of
preventing or detecting serious crime;

(c) in the case of a warrant issued under section 99, the interests of national
security;

(d) in the case of a warrant issued under section 101(1), the purpose
30mentioned in section 101(1)(a);

(e) in the case of a warrant issued under section 101(3), the purpose
mentioned in section 101(3)(a).

(4) For the purposes of this section, “the appropriate persons” are—

(a) in the case of a warrant issued by the Secretary of State under section 97
35or 99, the Secretary of State or a senior official acting on behalf of the
Secretary of State;

(b) in the case of a warrant issued by the Scottish Ministers under section
98, a member of the Scottish Government or a senior official acting on
behalf of the Scottish Ministers;

(c) 40in the case of a warrant issued under section 101 by a law enforcement
chief or by an appropriate delegate in relation to the law enforcement
chief, either—

(i) the law enforcement chief, or

(ii) if the warrant was issued by an appropriate delegate, that
45person.

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(5) Where a warrant is cancelled under this section, 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.

(6) 5A warrant that has been cancelled under this section may not be renewed.

Implementation of warrants

119 Implementation of warrants

(1) In giving effect to a targeted equipment interference warrant, the person to
whom it is addressed (“the implementing authority”) may (in addition to
10acting alone) act through, or together with, such other persons as the
implementing authority may require (whether under subsection (2) or
otherwise) to provide the authority with assistance in giving effect to the
warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
15targeted equipment interference 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) make arrangements for the service of a copy of the warrant on any such
person.

(3) 20A 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) For the purposes of this Act, the provision of assistance in giving effect to a
targeted equipment interference warrant includes any disclosure to the
25implementing authority, or to persons acting on that person’s behalf, of
material obtained under the warrant.

(5) The references in subsections (2) and (3) and sections 120 and 121 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
30with the omission of the remainder of the warrant, and

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

120 Service of warrants

(1) This section applies to the service of warrants under section 119(2).

(2) 35A copy of the warrant must be served in such a way as to bring the contents of
the warrant to the attention of the person who the implementing authority
considers may be able to provide assistance in relation to it.

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

(a) 40by 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
conducts activities;

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(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) 5by 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 (4)).

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

(a) 10it is not reasonably practicable for a copy to be served by any other
means (whether as mentioned in subsection (3)(a) or (b) or otherwise),
and

(b) the implementing authority takes such steps as it considers appropriate
for the purpose of bringing the contents of the warrant, and the
15availability of a copy for inspection, to the attention of the person.

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

(6) In this section, “the implementing authority” has the same meaning as in
section 119.

121 20Duty of telecommunications operators to assist with implementation

(1) A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued by the Secretary of State under section
97 or 99, or by the Scottish Ministers under section 98, must take all steps for
giving effect to the warrant which are notified to the telecommunications
25operator by or on behalf of the person to whom the warrant is addressed.

(2) A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued under section 101 and addressed to a
law enforcement officer mentioned in subsection (3) must take all steps for
giving effect to the warrant which—

(a) 30were approved by the Secretary of State or, in the case of a warrant
addressed to a constable of the Police Service of Scotland, by the
Scottish Ministers, before the warrant was served, and

(b) are notified to the telecommunications operator by or on behalf of the
law enforcement officer.

(3) 35The law enforcement officers mentioned in this subsection are—

(a) a National Crime Agency officer;

(b) an officer of Revenue and Customs;

(c) a constable of the Police Service of Scotland;

(d) a member of the Police Service of Northern Ireland;

(e) 40a member of the metropolitan police force.

(4) The Secretary of State or the Scottish Ministers may give approval for the
purposes of subsection (2)(a) if the Secretary of State or (as the case may be) the
Scottish Ministers consider that—

(a) it is necessary for the telecommunications operator to be required to
45take the steps, and

(b) the steps are proportionate to what is sought to be achieved by them.

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(5) A telecommunications operator is not required to take any steps which is not
reasonably practicable for the telecommunications operator to take.

(6) Where obligations have been imposed on a telecommunications operator (“P”)
under section 229 (technical capability notices), for the purposes of subsection
5(5) 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.

(7) The duty imposed by subsection (1) or (2) is enforceable against a person in the
United Kingdom by civil proceedings by the Secretary of State for an
10injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.

Supplementary provision

122 Safeguards relating to retention and disclosure of material

(1) The issuing authority must ensure, in relation to every targeted equipment
15interference warrant issued by that authority, that arrangements are in force
for securing that the requirements of subsections (2) and (5) are met in relation
to the material obtained under the warrant.

This is subject to subsection (10).

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

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

(b) the extent to which any of the material is disclosed or otherwise made
25available;

(c) the extent to which any of the material 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) 30it is, or is likely to become, necessary on any relevant grounds (see
subsection (7)),

(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 person to
whom the warrant is or was addressed,

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

(d) it is necessary for the purpose of legal proceedings, or

(e) it is necessary for the performance of the functions of any person under
40any enactment.

(4) The arrangements for the time being in force under this section for securing
that the requirements of subsection (2) are met in relation to the material
obtained under the warrant must include arrangements for securing that every
copy made of any of that material is stored, for so long as it is retained, in a
45secure manner.

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

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

(a) its retention is not necessary, or not likely to become necessary, on any
relevant grounds (see subsection (7)), and

(b) its retention is not necessary for any of the purposes mentioned in
10paragraphs (b) to (e) of subsection (3) above.

(7) In subsections (3) and (6), “relevant grounds” means—

(a) in relation to a warrant issued under section 97, grounds falling within
section 97(5);

(b) in relation to a warrant issued under section 98, the purpose of
15preventing or detecting serious crime;

(c) in relation to a warrant issued under section 99, the interests of national
security;

(d) in the case of a warrant issued under section 101(1), the purpose
mentioned in section 101(1)(a);

(e) 20in the case of a warrant issued under section 101(3), the purpose
mentioned in section 101(3)(a).

(8) Where an item subject to legal privilege is retained following its examination
under a warrant issued under this Part, the person retaining it must inform the
Investigatory Powers Commissioner as soon as is reasonably practicable.

(9) 25Subsection (10) applies if—

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

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

(10) To the extent that the requirements of subsections (2) and (5) relate to any of
30the material mentioned in subsection (9)(a), or to the copy mentioned in
subsection (9)(b), the arrangements made for the purpose of this section are not
required to secure that those requirements are met (see instead section 123).

(11) In this section—

  • “copy”, in relation to material obtained under a warrant, means any of the
    35following (whether or not in documentary form)—

    (a)

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

    (b)

    any record which is a record of the identities of persons who
    owned, used or were in possession of the equipment which was
    40interfered with to obtain that material,

    and “copied” is to be read accordingly;

  • “the issuing authority” means—

    (a)

    in the case of a warrant issued under section 97 or 99, the
    Secretary of State;

    (b)

    45in the case of a warrant issued under section 98, the Scottish
    Ministers;

    Investigatory Powers BillPage 100

    (c)

    in the case of a warrant issued under section 101, the law
    enforcement chief who issued the warrant (or on whose behalf
    it was issued);

  • “overseas authorities” means authorities of a country or territory outside
    5the United Kingdom.

123 Safeguards relating to disclosure of material overseas

(1) The issuing authority must ensure, in relation to every targeted equipment
interference warrant, that arrangements are in force for securing that—

(a) any material obtained under the warrant is handed over to overseas
10authorities only if the requirements of subsection (2) are met, and

(b) copies of any such material are given to overseas authorities only if
those requirements are met.

(2) The requirements of this subsection are met in the case of a warrant if it appears
to the issuing authority that requirements corresponding to the requirements
15of section 122(2) and (5) will apply, to such extent (if any) as the issuing
authority considers appropriate, in relation to any of the material which is
handed over, or any copy of which is given, to the authorities in question.

(3) In this section—

  • “copy” has the same meaning as in section 122;

  • 20“issuing authority” also has the same meaning as in that section;

  • “overseas authorities” means authorities of a country or territory outside
    the United Kingdom.

124 Duty not to make unauthorised disclosures

(1) A person to whom this section applies must not make an unauthorised
25disclosure to another person.

(2) A person makes an unauthorised disclosure for the purposes of this section if—

(a) the person discloses any of the matters within subsection (4) in relation
to a warrant under this Part, and

(b) the disclosure is not an excepted disclosure (see section 125).

(3) 30This section applies to the following persons—

(a) any person who may apply for a warrant under this Part;

(b) any person holding office under the Crown;

(c) any person employed by, or for the purposes of, a police force;

(d) any telecommunications operator;

(e) 35any person employed or engaged for the purposes of any business of a
telecommunications operator;

(f) any person to whom any of the matters within subsection (4) have been
disclosed in relation to a warrant under this Part.

(4) The matters referred to in subsection (2)(a) are—

(a) 40the existence or contents of the warrant;

(b) the details of the issue of the warrant or of any renewal or modification
of the warrant;

(c) the existence or contents of any requirement to provide assistance in
giving effect to the warrant;

Investigatory Powers BillPage 101

(d) the steps taken in pursuance of the warrant or of any such requirement;

(e) any of the material obtained under the warrant in a form which
identifies it as having been obtained under a warrant under this Part.

125 Section 124: meaning of “excepted disclosure”

(1) 5For the purposes of section 124, a disclosure made in relation to a warrant is an
excepted disclosure if it falls within any of the Heads set out in—

(a) subsection (2) (disclosures authorised by warrant etc.);

(b) subsection (3) (oversight bodies);

(c) subsection (4) (legal proceedings);

(d) 10subsection (6) (disclosures of a general nature).

(2) Head 1 is—

(a) a disclosure authorised by the warrant;

(b) a disclosure authorised by the person to whom the warrant is or was
addressed or under any arrangements made by that person for the
15purposes of this section;

(c) a disclosure authorised by the terms of any requirement to provide
assistance in giving effect to the warrant (including any requirement
for disclosure imposed by virtue of section 119(4)).

(3) Head 2 is—

(a) 20a disclosure made to, or authorised by, a Judicial Commissioner;

(b) a disclosure made to the Independent Police Complaints Commission
for the purposes of facilitating the carrying out of any of its functions;

(c) a disclosure made to the Intelligence and Security Committee of
Parliament for the purposes of facilitating the carrying out of any of its
25functions.

(4) Head 3 is—

(a) a disclosure made—

(i) in contemplation of, or in connection with, any legal
proceedings, and

(ii) 30for the purposes of those proceedings;

(b) a disclosure made—

(i) by a professional legal adviser (“L”) to L’s client or a
representative of L’s client, or

(ii) by L’s client, or by a representative of L’s client, to L,

35in connection with the giving, by L to L’s client, of advice about the
effect of the provisions of this Part.

(5) But a disclosure within Head 3 is not an excepted disclosure if it is made with
a view to furthering any criminal purpose.

(6) Head 4 is—

(a) 40a disclosure which—

(i) is made by a telecommunications operator in accordance with a
requirement imposed by regulations made by the Secretary of
State, and

(ii) relates to the number of warrants under this Part to which the
45operator has given effect or has been involved in giving effect;

Investigatory Powers BillPage 102

(b) a disclosure of information that does not relate to any particular
warrant under this Part but relates to such warrants in general.

126 Offence of making unauthorised disclosure

(1) A person commits an offence if—

(a) 5the person discloses any matter in breach of section 124(1), and

(b) the person knew that the disclosure was in breach of that section.

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

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding 12 months (or 6
10months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or

(ii) to a fine,

or to both;

(b) 15on 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) on summary conviction in Northern Ireland—

(i) 20to 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
5 years or to a fine, or to both.

(3) 25In proceedings against any person for an offence under this section in respect
of any disclosure, it is a defence for the person to show that the person could
not reasonably have been expected, after first becoming aware of the matter
disclosed, to take steps to prevent the disclosure.

127 Part 5: interpretation

(1) 30In this Part—

  • “communication” includes—

    (a)

    anything comprising speech, music, sounds, visual images or
    data of any description, and

    (b)

    signals serving either for the impartation of anything between
    35persons, between a person and a thing or between things or for
    the actuation or control of any apparatus;

  • “equipment” means equipment producing electromagnetic, acoustic or
    other emissions or any device capable of being used in connection with
    such equipment;

  • 40“equipment data” has the meaning given by section 95;

  • “private information” includes information relating to a person’s private
    or family life;

  • “protected material”, in relation to a targeted examination warrant, has
    the meaning given by section 94(9);

  • 45 “senior official” means—

    Investigatory Powers BillPage 103

    (a)

    in the case of a targeted equipment interference warrant which
    is or may be issued by the Secretary of State or a law
    enforcement chief, or in the case of a targeted examination
    warrant which is or may be issued by the Secretary of State, a
    5member of the Senior Civil Service or a member of the Senior
    Management Structure of Her Majesty’s Diplomatic Service;

    (b)

    in the case of a targeted equipment interference warrant or a
    targeted examination warrant which is or may be issued by the
    Scottish Ministers, a member of the staff of the Scottish
    10Administration who is a member of the Senior Civil Service;

  • “targeted examination warrant” has the meaning given by section 94(9).

(2) See also—

  • section 237 (telecommunications definitions),

  • section 239 (general definitions),

  • 15section 240 (index of defined expressions).

Part 6 Bulk warrants

CHAPTER 1 Bulk interception warrants

20Bulk interception warrants

128 Bulk interception warrants

(1) For the purposes of this Act a “bulk interception warrant” is a warrant issued
under this Chapter which meets conditions A and B.

(2) Condition A is that the main purpose of the warrant is one or more of the
25following—

(a) the interception of overseas-related communications (see subsection
(3));

(b) the obtaining of secondary data from such communications (see section
129).

(3) 30In this Chapter “overseas-related communications” means—

(a) communications sent by individuals who are outside the British
Islands, or

(b) communications received by individuals who are outside the British
Islands.

(4) 35Condition B is that the warrant 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 following activities—

(a) the interception, in the course of their transmission by means of a
telecommunication system, of communications described in the
40warrant;

(b) the obtaining of secondary data from communications transmitted by
means of such a system and described in the warrant;

Investigatory Powers BillPage 104

(c) the selection for examination, in any manner described in the warrant,
of intercepted content or secondary data obtained under the warrant;

(d) the disclosure, in any manner described in the warrant, of anything
obtained under the warrant to the person to whom the warrant is
5addressed or to any person acting on that person’s behalf.

(5) A bulk interception 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—

(i) 10the interception of communications not described in the
warrant, and

(ii) conduct for obtaining secondary data from such
communications;

(b) conduct by any person which is conduct in pursuance of a requirement
15imposed by or on behalf of the person to whom the warrant is
addressed to be provided with assistance in giving effect to the
warrant;

(c) any conduct for obtaining related systems data from any
telecommunications operator.

(6) 20For the purposes of subsection (5)(c)—

  • “related systems data”, in relation to a warrant, means systems data
    relating to a relevant communication or to the sender or recipient, or
    intended recipient, of a relevant communication (whether or not a
    person), and

  • 25“relevant communication”, in relation to a warrant, means—

    (a)

    any communication intercepted in accordance with the warrant
    in the course of its transmission by means of a
    telecommunication system, or

    (b)

    any communication from which secondary data is obtained
    30under the warrant.

129 Obtaining secondary data

(1) This section has effect for the purposes of this Chapter.

(2) References to obtaining secondary data from a communication transmitted by
means of a telecommunication system are references to obtaining such data—

(a) 35while the communication is being transmitted, or

(b) at any time when the communication is stored in or by the system
(whether before or after its transmission),

and references to secondary data obtained under a bulk interception warrant
are to be read accordingly.

(3) 40“Secondary data”, in relation to a communication transmitted by means of a
telecommunication system, means any data falling within subsection (4) or (5).

(4) The data falling within this subsection is systems data which is comprised in,
included as part of, attached to or logically associated with the communication
(whether by the sender or otherwise).

(5) 45The data falling within this subsection is identifying data which—

(a) is comprised in, included as part of, attached to or logically associated
with the communication (whether by the sender or otherwise),

Investigatory Powers BillPage 105

(b) is capable of being logically separated from the remainder of the
communication, 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
5communication, disregarding any meaning arising from the fact of the
communication or from any data relating to the transmission of the
communication.

(6) For the meaning of “systems data” and “identifying data”, see section 239.

130 Power to issue bulk interception warrants

(1) 10The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a bulk interception warrant if—

(a) the Secretary of State considers that the main purpose of the warrant is
one or more of the following—

(i) the interception of overseas-related communications, and

(ii) 15the obtaining of secondary data from such communications,

(b) the 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) 20the Secretary of State considers that the conduct authorised by the
warrant 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 134) is a
25purpose for which the examination of intercepted content or
secondary data obtained under the warrant is or may be
necessary, and

(ii) the examination of intercepted content or secondary data for
each such purpose is necessary on any of the grounds on which
30the Secretary of State considers the warrant to be necessary,