Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 120

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

(4) The operational purposes specified in the warrant must be ones specified, in a
5list maintained by the heads of the intelligence services (“the list of operational
purposes”), as purposes which they consider are operational purposes for
which communications data obtained under bulk acquisition warrants may be
selected for examination.

(5) The warrant may, in particular, specify all of the operational purposes which,
10at the time the warrant is issued, are specified in the list of operational
purposes.

(6) An operational purpose may be specified in the list of operational purposes
only with the approval of the Secretary of State.

(7) The Secretary of State may give such approval only if satisfied that the
15operational purpose is specified in a greater level of detail than the descriptions
contained in section 147(1)(a) or (2).

(8) At the end of each relevant three-month period the Secretary of State must give
a copy of the list of operational purposes to the Intelligence and Security
Committee of Parliament.

(9) 20In subsection (8) “relevant three-month period” means—

(a) the period of three months beginning with the day on which this
section comes into force, and

(b) each successive period of three months.

(10) The Prime Minister must review the list of operational purposes at least once a
25year.

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

Duration, modification and cancellation of warrants

151 30Duration 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
35the 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 152.

152 Renewal of warrants

(1) If the renewal conditions are met, a bulk acquisition warrant may be renewed,
40at any time during the renewal period, by an instrument issued by the
Secretary of State.

This is subject to subsection (6).

Investigatory Powers BillPage 121

(2) The renewal conditions are—

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

(i) in the interests of national security, or

(ii) 5on that ground and on any other grounds falling within section
147(2),

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

(c) 10that the Secretary of State considers that—

(i) each of the specified operational purposes (see section 150) is a
purpose for which the examination of communications data
obtained under the warrant continues to be, or may be,
necessary, and

(ii) 15the 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) that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) 20“The renewal period” means the period of 30 days ending with the day at the
end of which the warrant would otherwise cease to have effect.

(4) 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.

(5) 25Section 148 (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 (6).

(6) In the case of the renewal of a bulk acquisition warrant that has been modified
30so that it no longer authorises or requires the carrying out of activities falling
within section 147(6)(a)

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

(b) the 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
35a reference to any grounds falling within section 147(1)(a) or (2), and

(c) section 148 has effect as if—

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

(ii) the reference in subsection (1)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary were a
40reference to any grounds falling within section 147(1)(a) or (2).

153 Modification of warrants

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

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

(a) 45adding, 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

Investigatory Powers BillPage 122

(b) providing that the warrant no longer authorises or requires the
carrying out of activities falling within section 147(6)(a).

(3) In this section—

(a) a modification adding or varying any operational purpose as
5mentioned in paragraph (a) of subsection (2) is referred to as a “major
modification”, and

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

(4) A major modification—

(a) 10must be made by the Secretary of State, and

(b) may 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 147(1)(a)).

(5) Except where the Secretary of State considers that there is an urgent need to
15make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.

(6) Section 148 (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
20warrant.

Section 154 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) 25a senior official acting on behalf of the Secretary of State.

(8) Where 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.

(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
30examination of communications data obtained under the warrant is or may be
necessary, the person must modify the warrant by removing that operational
purpose.

(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
35modification must be signed by that person.

This is subject to subsection (11).

(11) If it is not reasonably practicable for an instrument making a major
modification to be signed by the Secretary of State, the instrument may be
signed by a senior official designated by the Secretary of State for that purpose.

(12) 40In such a case, the instrument making the modification must contain a
statement that—

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

(b) the Secretary of State has personally and expressly authorised the
45making of the modification.

Investigatory Powers BillPage 123

(13) 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.

154 Approval of major modifications made in urgent cases

(1) 5This 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
the modification.

(2) 10The 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) notify the Secretary of State of the Judicial Commissioner’s decision.

15“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) the warrant (unless it no longer has effect) has effect as if the
20modification 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
possible.

(5) 25Nothing 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
of the modification when the modification ceases to have effect—

(i) 30anything done before that thing could be stopped, or

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

155 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) 35If 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
40security,

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

Investigatory Powers BillPage 124

(c) that the examination of communications data obtained under the
warrant is no longer necessary for any of the specified operational
purposes (see section 150).

(4) But the condition in subsection (3)(a) does not apply where the warrant has
5been modified so that it no longer authorises or requires the carrying out of
activities falling within section 147(6)(a).

(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
10possible.

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

Implementation of warrants

156 Implementation of warrants

(1) In giving effect to a bulk acquisition warrant, the person to whom it is
15addressed (“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
authority with assistance in giving effect to the warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
20bulk 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) make arrangements for the service of a copy of the warrant on any such
person.

(3) 25A 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
bulk acquisition warrant includes any disclosure to the implementing
30authority, or to persons acting on behalf of the implementing authority, of
communications data obtained under the warrant.

(5) References in this section and in sections 157 and 158 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
35with 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 the warrant.

157 Service of warrants

(1) This section applies to the service of bulk acquisition warrants under section
40156(3).

(2) A 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 whom the implementing authority
considers may be able to provide assistance in relation to it.

Investigatory Powers BillPage 125

(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) 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
5in the United Kingdom where the person carries on business or
conducts 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
10serving it at that address;

(c) by 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
15the way mentioned in subsection (3)(c) only if—

(a) it 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 the authority considers
20appropriate for the purpose of bringing the contents of the warrant, and
the availability 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
25section 156.

158 Duty 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
30on behalf of) the implementing authority.

This 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) 35Where obligations have been imposed on a telecommunications operator (“P”)
under section 229 (technical capability notices), for the purposes of 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) 40The duty imposed by subsection (1) is enforceable against a person in the
United 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
45section 156.

Investigatory Powers BillPage 126

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

159 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) 5that the requirements of subsections (2) and (5) are met in relation to the
communications data obtained under the warrant, and

(b) that the requirements of section 160 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
10data obtained under 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 data is disclosed or
otherwise made available,

(b) the extent to which any of the data is disclosed or otherwise made
15available,

(c) the 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) 20it is, or is likely to become, necessary in the interests of national security
or on any other grounds falling within section 147(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) 25it is necessary for facilitating the carrying out of any functions of the
Judicial 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
30required of P by P’s duty to secure the fairness of the prosecution,

(e) it 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) 35The arrangements for the time being in force under subsection (1) for securing
that the requirements of subsection (2) are met in relation to the
communications data obtained under the warrant must include arrangements
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) 40The 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
destroyed earlier) is destroyed as soon as 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
45retaining a copy of any data if, and only if—

Investigatory Powers BillPage 127

(a) its retention is not necessary, or not likely to become necessary, in the
interests of national security or on any other grounds falling within
section 147(2), and

(b) its retention is not necessary for any of the purposes mentioned in
5paragraphs (b) to (f) of subsection (3) above.

(7) Subsection (8) applies if—

(a) any 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) 10To 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
(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
15for securing that communications data obtained under a bulk acquisition
warrant, or any copy of such data, is handed over or given to an overseas
authority 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
20such data or copy.

(10) In this section—

  • “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
    25data as having been obtained under the warrant, and

    (b)

    any record referring to the obtaining of the data which is a
    record 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

    30the United Kingdom.

160 Safeguards relating to examination of data

(1) For the purposes of section 159 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
35specified purposes (see subsection (2)), and

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

(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
40necessary for the operational purposes specified in the warrant in accordance
with section 150.

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

Investigatory Powers BillPage 128

Supplementary provision

161 Offence of making unauthorised disclosure

(1) It is an offence for—

(a) a telecommunications operator who is under a duty by virtue of section
5158 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
of the warrant.

(2) 10For 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) to imprisonment for a term not exceeding 12 months (or 6
15months, 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) 20on 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) 25to 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
2 years or to a fine, or to both.

162 30Chapter 2: interpretation

(1) In this Chapter—

  • “communications data” does not include communications data within the
    meaning given by section 238(3),

  • “senior official” means—

    (a)

    35a member of the Senior Civil Service, or

    (b)

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

  • “the specified operational purposes” has the meaning given by section
    150(11).

(2) 40See also—

  • section 237 (telecommunications definitions),

  • section 239 (general definitions),

  • section 240 (index of defined expressions).

Investigatory Powers BillPage 129

CHAPTER 3 Bulk equipment interference warrants

Bulk equipment interference warrants

163 Bulk equipment interference warrants: general

(1) For the purposes of this Act, a warrant is a “bulk equipment interference
5warrant” 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) communications (see section 182);

(ii) 10equipment data (see section 164);

(iii) any other information; and

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

(i) overseas-related communications;

(ii) 15overseas-related information;

(iii) overseas-related equipment data.

(2) In this Chapter—

  • “overseas-related communications” means—

    (a)

    communications sent by individuals who are outside the British
    20Islands, or

    (b)

    communications received by individuals who are outside the
    British Islands;

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

(3) 25For 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) it would or may assist in establishing the existence of overseas-related
30communications 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) A bulk equipment interference warrant—

(a) 35must 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
secure—

(i) 40the selection for examination, in any manner described in the
warrant, of any material obtained under the warrant by virtue
of paragraph (a);