Investigatory Powers Bill (HL Bill 62)

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(ii) the disclosure, in any manner described in the warrant, of any
such 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
5(in addition to the conduct described in the warrant)—

(a) any conduct which it is necessary to undertake in order to do what is
expressly authorised or required by the warrant, including conduct for
securing the obtaining of communications, equipment data or other
information;

(b) 10any conduct by any person which is conduct in pursuance of a
requirement imposed by or on behalf of the person to whom the
warrant is addressed to be provided with assistance in giving effect to
the warrant.

(6) A bulk equipment interference warrant may not, by virtue of subsection (4)(a),
15authorise a person to engage in conduct, in relation to a communication other
than a stored communication, which would (unless done with lawful
authority) constitute an offence under section 3(1) (unlawful interception).

(7) Subsection (5)(a) does not authorise a person to engage in conduct which could
not be expressly authorised under the warrant because of the restriction
20imposed by subsection (6).

(8) In subsection (6), “stored communication” means a communication stored in or
by 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.

164 25Meaning of “equipment data”

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

(a) systems data;

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

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

(a) 30is, for the purposes of a relevant system, comprised in, included as part
of, attached to or logically associated with a communication (whether
by 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) 35if it were so separated, would not reveal anything of what might
reasonably be considered to be the meaning (if any) of the
communication 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.

(3) 40In 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 239.

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165 Power to issue bulk equipment interference warrants

(1) The 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
5to obtain overseas-related communications, overseas-related
information or overseas-related equipment data,

(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
10subsection (2),

(c) the 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) 15each of the specified operational purposes (see section 170) 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 on any of the grounds on which the Secretary of State
20considers the warrant to be necessary,

(e) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 177 and 178 (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
25need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

For the meaning of “head of an intelligence service”, see section 239.

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

(a) 30for the purpose of preventing or detecting serious crime, or

(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
35subsection (2)(b) only if the interference with equipment which would be
authorised by the warrant is considered necessary for the purpose of obtaining
information relating to the acts or intentions of persons outside the British
Islands.

(4) An application for the issue of a bulk equipment interference warrant may only
40be made on behalf of the head of an intelligence service by a person holding
office under the Crown.

166 Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a decision to issue a warrant under section 165,
a Judicial Commissioner must review the Secretary of State’s conclusions as to
45the following matters—

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

Investigatory Powers BillPage 132

(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) each of the specified operational purposes (see section 170) is a
5purpose 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 165(1)(d)(ii).

(2) In doing so, the Judicial Commissioner must—

(a) 10apply the same principles as would be applied by a court on an
application for judicial review, and

(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
15privacy).

(3) Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 165, the Judicial Commissioner must give the Secretary
of State written reasons for the refusal.

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

167 Approval of warrants issued in urgent cases

(1) This section applies where—

(a) 25a warrant under section 165 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) The Secretary of State must inform a Judicial Commissioner that it has been
30issued.

(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.

“The relevant period” means the period ending with the third working day
35after 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 168 contains further provision about what happens if a Judicial
Commissioner refuses to approve a decision to issue a warrant.

168 40Failure to approve warrant issued in urgent case

(1) This section applies where under section 167(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 was 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 167 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.

169 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

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

170 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) The operational purposes specified in the warrant must be ones specified, in a
15list maintained by the heads of the intelligence services (“the list of operational
purposes”), as purposes which they consider are operational purposes for
which material obtained under bulk equipment interference warrants may be
selected for examination.

(6) The warrant may, in particular, specify all of the operational purposes which,
20at the time the warrant is issued, are specified in the list of operational
purposes.

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

(8) The Secretary of State may give such approval only if satisfied that the
25operational purpose is specified in a greater level of detail than the descriptions
contained in section 165(1)(b) or (2).

(9) 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.

(10) 30In subsection (9), “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.

(11) The Prime Minister must review the list of operational purposes at least once a
35year.

(12) 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

171 40Duration of warrants

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

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(a) it is renewed before the end of that period (see section 172), or

(b) it is cancelled or otherwise ceases to have effect before the end of that
period (see sections 167 and 175).

(2) In this section, “the relevant period”—

(a) 5in the case of an urgent warrant (see subsection (3)), means the period
ending with the fifth working day after the day on which the warrant
was issued;

(b) in any other case, means the period of 6 months beginning with—

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

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

(3) For the purposes of subsection (2)(a), a warrant is an “urgent warrant” if—

(a) the warrant was issued without the approval of a Judicial
15Commissioner, and

(b) the person who decided to issue the warrant considered that there was
an urgent need to issue it.

172 Renewal of warrants

(1) If the renewal conditions are met, a bulk equipment interference warrant may
20be renewed, at any time during the renewal period, by an instrument issued by
the Secretary of State.

This is subject to subsection (6).

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be
25necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within section
165(2),

(b) that the Secretary of State considers that the conduct that would be
30authorised 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 170) is a
purpose for which the examination of material obtained under
35the warrant continues to be, or may be, necessary, and

(ii) the examination of such material 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) 40that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) “The renewal period” means—

(a) in the case of an urgent warrant which has not been renewed, the
relevant period;

(b) 45in any other case, the period of 30 days ending with the day at the end
of which the warrant would otherwise cease to have effect.

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(4) The decision to renew a bulk equipment interference 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) Section 166 (approval of warrants by Judicial Commissioners) applies in
5relation to a decision to renew a bulk equipment interference warrant as it
applies in relation to a decision to issue a bulk equipment interference warrant.

This is subject to subsection (6).

(6) In the case of a bulk equipment interference warrant which has been modified
so that it no longer authorises or requires the securing of interference with any
10equipment or the obtaining of any communications, equipment data or other
information—

(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
15a reference to any grounds falling within section 165(1)(b) or (2), and

(c) section 166 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
20reference to any grounds falling within section 165(1)(b) or (2).

(7) In this section—

  • “the relevant period” has the same meaning as in section 171;

  • “urgent warrant” is to be read in accordance with subsection (3) of that
    section.

173 25Modification of warrants

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

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

(a) adding, varying or removing any operational purpose specified in the
30warrant as a purpose for which any material obtained under the
warrant may be selected for examination, and

(b) adding, varying or removing any description of conduct authorised by
the warrant.

(3) In this section—

(a) 35a modification adding or varying any operational purpose, or any
description of conduct, as mentioned in 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) 40A major modification adding or varying any operational purpose—

(a) must 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 165(1)(b)).

(5) 45A major modification adding or varying any description of conduct—

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

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(b) may be made only if the Secretary of State considers—

(i) that the modification is necessary on any of the grounds on
which the Secretary of State considers the warrant to be
necessary (see section 165(1)(b)), and

(ii) 5that the conduct authorised by the modification is
proportionate to what is sought to be achieved by that conduct.

(6) 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
make the modification is approved by a Judicial Commissioner.

(7) 10Section 166 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to make a major modification of a bulk equipment
interference warrant as it applies in relation to the decision to issue a bulk
equipment interference warrant.

Section 174 contains provision about the approval of major modifications made
15in urgent cases.

(8) 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.

(9) Where a minor modification is made by a senior official, the Secretary of State
20must be notified personally of the modification and the reasons for making it.

(10) If at any time a person mentioned in subsection (8) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of material obtained under the warrant is or may be necessary, the
person must modify the warrant by removing that operational purpose.

(11) 25The 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 (12).

(12) If it is not reasonably practicable for an instrument making a major
30modification 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.

(13) In 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
35Secretary of State, and

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

(14) Despite section 163(1)(b) and (4)(a), the modification of a bulk equipment
interference warrant so that it no longer authorises or requires the securing of
40interference with any equipment or the obtaining of any communications,
equipment data or other information does not prevent the warrant from being
a bulk equipment interference warrant.

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

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174 Approval of major modifications made in urgent cases

(1) This section applies where—

(a) the Secretary of State makes a major modification of a bulk equipment
interference warrant without the approval of a Judicial Commissioner,
5and

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

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

(3) 10The 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.

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

(4) 15If 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
modification had not been made, and

(b) the person to whom the warrant is addressed must, so far as is
20reasonably practicable, secure that anything in the process of being
done under the warrant by virtue of that modification stops as soon as
possible.

(5) The Judicial Commissioner may authorise further interference with equipment
for the purpose of enabling the person to whom the warrant is addressed to
25secure that anything in the process of being done under the warrant by virtue
of the modification stops as soon as possible.

(6) 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) 30if 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.

175 Cancellation of warrants

(1) 35The Secretary of State, or a senior official acting on behalf of the Secretary of
State, may cancel a bulk equipment interference warrant at any time.

(2) If 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 equipment interference warrant, the person must cancel the warrant.

(3) 40The cancellation conditions are—

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

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

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(c) that the examination of material obtained under the warrant is no
longer necessary for any of the specified operational purposes (see
section 170).

(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 securing of
interference with any equipment or the obtaining of any communications,
equipment data or other information.

(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
10anything 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

176 Implementation of warrants

(1) 15In giving effect to a bulk equipment interference 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 authority with assistance in giving effect to the warrant.

(2) 20For the purpose of requiring any person to provide assistance in relation to a
bulk equipment interference warrant, the implementing authority may—

(a) serve a copy of the warrant on any person who 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
25person.

(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) For the purposes of this Act, the provision of assistance in giving effect to a
30bulk equipment interference warrant includes any disclosure to the
implementing authority, or to persons acting on behalf of the implementing
authority, of material obtained under the warrant.

(5) Sections 120 (service of warrants) and 121 (duty of telecommunications
operators to assist with implementation) apply in relation to a bulk equipment
35interference warrant as they apply in relation to a targeted equipment
interference warrant issued under section 97 by the Secretary of State.

(6) References in this section (and in sections 120 and 121 as they apply in relation
to bulk equipment interference warrants) to the service of a copy of a warrant
include—

(a) 40the service of a copy of one or more schedules contained in the warrant
with 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.