Investigatory Powers Bill (HL Bill 62)

A

BILL

[AS AMENDED IN COMMITTEE]

TO

Make provision about the interception of communications, equipment
interference and the acquisition and retention of communications data, bulk
personal datasets and other information; to make provision about the
treatment of material held as a result of such interception, equipment
interference or acquisition or retention; to establish the Investigatory Powers
Commissioner and other Judicial Commissioners and make provision about
them and other oversight arrangements; to make further provision about
investigatory powers and national security; to amend sections 3 and 5 of the
Intelligence Services Act 1994; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 General privacy protections

Overview and general privacy duties

1 Overview of Act

(1) 5This Part imposes certain duties in relation to privacy and contains other
protections for privacy.

(2) These other protections include offences and penalties in relation to—

(a) the unlawful interception of communications, and

(b) the unlawful obtaining of communications data.

(3) 10This Part also abolishes and restricts various general powers to obtain
communications data and restricts the circumstances in which equipment

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interference, and certain requests about the interception of communications,
can take place.

(4) Further protections for privacy—

(a) can be found, in particular, in the regimes provided for by Parts 2 to 7
5and in the oversight arrangements in Part 8, and

(b) also exist—

(i) by virtue of the Human Rights Act 1998,

(ii) in section 55 of the Data Protection Act 1998 (unlawful
obtaining etc. of personal data),

(iii) 10in section 48 of the Wireless Telegraphy Act 2006 (offence of
interception or disclosure of messages),

(iv) in sections 1 to 3A of the Computer Misuse Act 1990 (computer
misuse offences),

(v) in the common law offence of misconduct in public office, and

(vi) 15elsewhere in the law.

(5) The regimes provided for by Parts 2 to 7 are as follows—

(a) Part 2 and Chapter 1 of Part 6 set out circumstances (including under a
warrant) in which the interception of communications is lawful and
make further provision about the interception of communications and
20the treatment of material obtained in connection with it,

(b) Part 3 and Chapter 2 of Part 6 set out circumstances in which the
obtaining of communications data is lawful in pursuance of an
authorisation or under a warrant and make further provision about the
obtaining and treatment of such data,

(c) 25Part 4 makes provision for the retention of certain communications data
in pursuance of a notice,

(d) Part 5 and Chapter 3 of Part 6 deal with equipment interference
warrants, and

(e) Part 7 deals with bulk personal dataset warrants.

(6) 30As to the rest of the Act—

(a) Part 8 deals with oversight arrangements for regimes in this Act and
elsewhere, and

(b) Part 9 contains miscellaneous and general provisions including
amendments to sections 3 and 5 of the Intelligence Services Act 1994
35and provisions about national security and combined warrants and
authorisations.

2 General duties in relation to privacy

(1) Subsection (2) applies where a public authority is deciding whether—

(a) to issue, renew or cancel a warrant under Part 2, 5, 6 or 7,

(b) 40to modify such a warrant,

(c) to approve a decision to issue, renew or modify such a warrant,

(d) to grant, approve or cancel an authorisation under Part 3,

(e) to give a notice in pursuance of such an authorisation or under Part 4
or section 228, 229 or 233,

(f) 45to vary or revoke such a notice,

(g) to approve a decision to give a notice under section 228 or 229, or

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(h) to apply for or otherwise seek any issue, grant, giving, modification,
variation or renewal of a kind falling within paragraph (a), (b), (d), (e)
or (f).

(2) The public authority must have regard to—

(a) 5whether what is sought to be achieved by the warrant, authorisation or
notice could reasonably be achieved by other less intrusive means,

(b) the public interest in the integrity and security of telecommunication
systems and postal services, and

(c) any other aspects of the public interest in the protection of privacy.

(3) 10The duties under subsection (2)

(a) apply so far as they are relevant in the particular context, and

(b) are subject to the need to have regard to other considerations that are
also relevant in that context.

(4) The other considerations may, in particular, include—

(a) 15the interests of national security or of the economic well-being of the
United Kingdom,

(b) the public interest in preventing or detecting serious crime,

(c) other considerations which are relevant to—

(i) whether the conduct authorised or required by the warrant,
20authorisation or notice is proportionate, or

(ii) whether it is necessary to act for a purpose provided for by this
Act,

(d) the requirements of the Human Rights Act 1998, and

(e) other requirements of public law.

(5) 25In this section “public authority” includes the relevant judicial authority
(within the meaning of section 72) where the relevant judicial authority is
deciding whether to approve under that section an authorisation under Part 3.

Prohibitions against unlawful interception

3 Offence of unlawful interception

(1) 30A person commits an offence if—

(a) the person intentionally intercepts a communication in the course of its
transmission by means of—

(i) a public telecommunication system,

(ii) a private telecommunication system, or

(iii) 35a public postal service,

(b) the interception is carried out in the United Kingdom, and

(c) the person does not have lawful authority to carry out the interception.

(2) But it is not an offence under subsection (1) for a person to intercept a
communication in the course of its transmission by means of a private
40telecommunication system if the person—

(a) is a person with a right to control the operation or use of the system, or

(b) has the express or implied consent of such a person to carry out the
interception.

(3) Sections 4 and 5 contain provision about—

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(a) the meaning of “interception”, and

(b) when interception is to be regarded as carried out in the United
Kingdom.

(4) Section 6 contains provision about when a person has lawful authority to carry
5out an interception.

(5) For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 237
and 238.

(6) A person who is guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) 10on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding the statutory maximum;

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

(7) No proceedings for any offence which is an offence by virtue of this section
15may be instituted—

(a) in England and Wales, except by or with the consent of the Director of
Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of
Public Prosecutions for Northern Ireland.

4 20Definition of “interception” etc.

Interception in relation to telecommunication systems

(1) For the purposes of this Act, a person intercepts a communication in the course
of its transmission by means of a telecommunication system if, and only if—

(a) the person does a relevant act in relation to the system, and

(b) 25the effect of the relevant act is to make any content of the
communication available, at a relevant time, to a person who is not the
sender or intended recipient of the communication.

For the meaning of “content” in relation to a communication, see section 237(6).

(2) In this section “relevant act”, in relation to a telecommunication system,
30means—

(a) modifying, or interfering with, the system or its operation;

(b) monitoring transmissions made by means of the system;

(c) monitoring transmissions made by wireless telegraphy to or from
apparatus that is part of the system.

(3) 35For the purposes of this section references to modifying a telecommunication
system include references to attaching any apparatus to, or otherwise
modifying or interfering with—

(a) any part of the system, or

(b) any wireless telegraphy apparatus used for making transmissions to or
40from apparatus that is part of the system.

(4) In this section “relevant time”, in relation to a communication transmitted by
means of a telecommunication system, means—

(a) any time while the communication is being transmitted, and

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

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(5) For the purposes of this section, the cases in which any content of a
communication is to be taken to be made available to a person at a relevant
time include any case in which any of the communication is diverted or
recorded at a relevant time so as to make any content of the communication
5available to a person after that time.

(6) In this section “wireless telegraphy” and “wireless telegraphy apparatus” have
the same meaning as in the Wireless Telegraphy Act 2006 (see sections 116 and
117 of that Act).

Interception in relation to postal services

(7) 10Section 125(3) of the Postal Services Act 2000 applies for the purposes of
determining for the purposes of this Act whether a postal item is in the course
of its transmission by means of a postal service as it applies for the purposes of
determining for the purposes of that Act whether a postal packet is in course
of transmission by post.

15Interception carried out in the United Kingdom

(8) For the purposes of this Act the interception of a communication is carried out
in the United Kingdom if, and only if—

(a) the relevant act or, in the case of a postal item, the interception is carried
out by conduct within the United Kingdom, and

(b) 20the communication is intercepted—

(i) in the course of its transmission by means of a public
telecommunication system or a public postal service, or

(ii) in the course of its transmission by means of a private
telecommunication system in a case where the sender or
25intended recipient of the communication is in the United
Kingdom.

5 Conduct that is not interception

(1) References in this Act to the interception of a communication do not include
references to the interception of any communication broadcast for general
30reception.

(2) References in this Act to the interception of a communication in the course of
its transmission by means of a postal service do not include references to—

(a) any conduct that takes place in relation only to so much of the
communication as consists of any postal data comprised in, included as
35part of, attached to, or logically associated with a communication
(whether by the sender or otherwise) for the purposes of any postal
service by means of which it is being or may be transmitted, or

(b) any conduct, in connection with conduct falling within paragraph (a),
that gives a person who is neither the sender nor the intended recipient
40only so much access to a communication as is necessary for the purpose
of identifying such postal data.

For the meaning of “postal data”, see section 238.

6 Definition of “lawful authority”

(1) For the purposes of this Act, a person has lawful authority to carry out an
45interception if, and only if—

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(a) the interception is carried out in accordance with—

(i) a targeted interception warrant or mutual assistance warrant
under Chapter 1 of Part 2, or

(ii) a bulk interception warrant under Chapter 1 of Part 6,

(b) 5the interception is authorised by any of sections 42 to 50, or

(c) in the case of a communication stored in or by a telecommunication
system, the interception—

(i) is carried out in accordance with a targeted equipment
interference warrant under Part 5 or a bulk equipment
10interference warrant under Chapter 3 of Part 6,

(ii) is in the exercise of any statutory power that is exercised for the
purpose of obtaining information or taking possession of any
document or other property, or

(iii) is carried out in accordance with a court order made for that
15purpose.

(2) Conduct which has lawful authority for the purposes of this Act by virtue of
subsection (1)(a) or (b) is to be treated as lawful for all other purposes.

(3) Any other conduct which—

(a) is carried out in accordance with a warrant under Chapter 1 of Part 2 or
20a bulk interception warrant, or

(b) is authorised by any of sections 42 to 50,

is to be treated as lawful for all purposes.

7 Monetary penalties for certain unlawful interceptions

(1) The Investigatory Powers Commissioner may serve a monetary penalty notice
25on a person if conditions A and B are met.

(2) A monetary penalty notice is a notice requiring the person on whom it is served
to pay to the Investigatory Powers Commissioner (“the Commissioner”) a
monetary penalty of an amount determined by the Commissioner and
specified in the notice.

(3) 30Condition A is that the Commissioner considers that—

(a) the person has intercepted, in the United Kingdom, any
communication in the course of its transmission by means of a public
telecommunication system,

(b) the person did not have lawful authority to carry out the interception,
35and

(c) the person was not, at the time of the interception, making an attempt
to act in accordance with an interception warrant which might, in the
opinion of the Commissioner, explain the interception.

(4) Condition B is that the Commissioner does not consider that the person has
40committed an offence under section 3(1).

(5) The amount of a monetary penalty determined by the Commissioner under
this section must not exceed £50,000.

(6) Schedule 1 (which makes further provision about monetary penalty notices)
has effect.

(7) 45In this section “interception warrant” means—

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(a) a targeted interception warrant or mutual assistance warrant under
Chapter 1 of Part 2, or

(b) a bulk interception warrant under Chapter 1 of Part 6.

(8) For the meaning of “interception” and other key expressions used in this
5section, see sections 4 to 6.

8 Civil liability for certain unlawful interceptions

(1) An interception of a communication is actionable at the suit or instance of—

(a) the sender of the communication, or

(b) the recipient, or intended recipient, of the communication,

10if conditions A to D are met.

(2) Condition A is that the interception is carried out in the United Kingdom.

(3) Condition B is that the communication is intercepted—

(a) in the course of its transmission by means of a private
telecommunication system, or

(b) 15in the course of its transmission, by means of a public
telecommunication system, to or from apparatus that is part of a private
telecommunication system.

(4) Condition C is that the interception is carried out by, or with the express or
implied consent of, a person who has the right to control the operation or use
20of the private telecommunication system.

(5) Condition D is that the interception is carried out without lawful authority.

(6) For the meaning of “interception” and other key expressions used in this
section, see sections 4 to 6.

9 Restriction on requesting interception by overseas authorities

(1) 25This section applies to a request for any authorities of a country or territory
outside the United Kingdom to carry out the interception of communications
sent by, or intended for, an individual who the person making the request
believes will be in the British Islands at the time of the interception.

(2) A request to which this section applies may not be made by or on behalf of a
30person in the United Kingdom unless—

(a) a targeted interception warrant has been issued under Chapter 1 of Part
2 authorising the person to whom it is addressed to secure the
interception of communications sent by, or intended for, that
individual, or

(b) 35a targeted examination warrant has been issued under that Chapter
authorising the person to whom it is addressed to carry out the
selection of the content of such communications for examination.

10 Restriction on requesting assistance under mutual assistance agreements etc.

(1) This section applies to—

(a) 40a request for assistance under an EU mutual assistance instrument, and

(b) a request for assistance in accordance with an international mutual
assistance agreement.

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(2) A request to which this section applies may not be made by or on behalf of a
person in the United Kingdom to the competent authorities of a country or
territory outside the United Kingdom unless a mutual assistance warrant has
been issued under Chapter 1 of Part 2 authorising the making of the request.

(3) 5In this section—

  • EU mutual assistance instrument” means an EU instrument which—

    (a)

    relates to the provision of mutual assistance in connection with,
    or in the form of, the interception of communications,

    (b)

    requires the issue of a warrant, order or equivalent instrument
    10in cases in which assistance is given, and

    (c)

    is designated as an EU mutual assistance instrument by
    regulations made by the Secretary of State;

  • “international mutual assistance agreement” means an international
    agreement which—

    (a)

    15relates to the provision of mutual assistance in connection with,
    or in the form of, the interception of communications,

    (b)

    requires the issue of a warrant, order or equivalent instrument
    in cases in which assistance is given, and

    (c)

    is designated as an international mutual assistance agreement
    20by regulations made by the Secretary of State.

Prohibition against unlawful obtaining of communications data

11 Offence of unlawfully obtaining communications data

(1) A relevant person who, without lawful authority, knowingly or recklessly
obtains communications data from a telecommunications operator or a postal
25operator is guilty of an offence.

(2) In this section “relevant person” means a person who holds an office, rank or
position with a relevant public authority (within the meaning of Part 3).

(3) Subsection (1) does not apply to a relevant person who shows that the person
acted in the reasonable belief that the person had lawful authority to obtain the
30communications data.

(4) 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
months, if the offence was committed before the
35commencement of section 154(1) of the Criminal Justice Act
2003), or

(ii) to a fine,

or to both;

(b) on summary conviction in Scotland—

(i) 40to 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) to imprisonment for a term not exceeding 6 months, or

(ii) 45to a fine not exceeding the statutory maximum,

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or to both;

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

Abolition of powers to obtain communications data

12 5Abolition or restriction of certain powers to obtain communications data

(1) Schedule 2 (which repeals certain information powers so far as they enable
public authorities to secure the disclosure by a telecommunications operator or
postal operator of communications data without the consent of the operator)
has effect.

(2) 10Any general information power which—

(a) would (apart from this subsection) enable a public authority to secure
the disclosure by a telecommunications operator or postal operator of
communications data without the consent of the operator, and

(b) does not involve a court order or other judicial authorisation or warrant
15and is not a regulatory power or a relevant postal power,

is to be read as not enabling the public authority to secure such a disclosure.

(3) A regulatory power or relevant postal power which enables a public authority
to secure the disclosure by a telecommunications operator or postal operator of
communications data without the consent of the operator may only be
20exercised by the public authority for that purpose if it is not possible for the
authority to use a power under this Act to secure the disclosure of the data.

(4) The Secretary of State may by regulations modify any enactment in
consequence of subsection (2).

(5) In this section “general information power” means—

(a) 25in relation to disclosure by a telecommunications operator, any power
to obtain information or documents (however expressed) which—

(i) is conferred by or under an enactment other than this Act or the
Regulation of Investigatory Powers Act 2000, and

(ii) does not deal (whether alone or with other matters) specifically
30with telecommunications operators or any class of
telecommunications operators, and

(b) in relation to disclosure by a postal operator, any power to obtain
information or documents (however expressed) which—

(i) is conferred by or under an enactment other than this Act or the
35Regulation of Investigatory Powers Act 2000, and

(ii) does not deal (whether alone or with other matters) specifically
with postal operators or any class of postal operators.

(6) In this section—

  • “power” includes part of a power,

  • 40“regulatory power” means any power to obtain information or
    documents (however expressed) which—

    (a)

    is conferred by or under an enactment other than this Act or the
    Regulation of Investigatory Powers Act 2000, and

    (b)

    is exercisable in connection with the regulation of—

    (i)

    45telecommunications operators, telecommunications
    services or telecommunication systems, or

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    (ii)

    postal operators or postal services,

  • “relevant postal power” means any power to obtain information or
    documents (however expressed) which—

    (a)

    is conferred by or under an enactment other than this Act or the
    5Regulation of Investigatory Powers Act 2000, and

    (b)

    is exercisable in connection with the conveyance or expected
    conveyance of any postal item into or out of the United
    Kingdom,

and references to powers include duties (and references to enabling and
10exercising are to be read as including references to requiring and performing).

Restrictions on interference with equipment

13 Mandatory use of equipment interference warrants

(1) An intelligence service may not, for the purpose of obtaining communications,
private information or equipment data, engage in conduct which could be
15authorised by an equipment interference warrant except under the authority of
such a warrant if—

(a) the intelligence service considers that the conduct would (unless done
under lawful authority) constitute one or more offences under sections
1 to 3A of the Computer Misuse Act 1990 (computer misuse offences),
20and

(b) there is a British Islands connection.

(2) For the purpose of this section, there is a British Islands connection if—

(a) any of the conduct would take place in the British Islands (regardless of
the location of the equipment which would, or may, be interfered with),

(b) 25the intelligence service believes that any of the equipment which
would, or may, be interfered with would, or may, be in the British
Islands at some time while the interference is taking place, or

(c) a purpose of the interference is to obtain—

(i) communications sent by, or to, a person who is, or whom the
30intelligence service believes to be, for the time being in the
British Islands,

(ii) private information relating to an individual who is, or whom
the intelligence service believes to be, for the time being in the
British Islands, or

(iii) 35equipment data which forms part of, or is connected with,
communications or private information falling within sub-
paragraph (i) or (ii).

(3) This section does not restrict the ability of the head of an intelligence service to
apply for an equipment interference warrant in cases where—

(a) 40the intelligence service does not consider that the conduct for which it
is seeking authorisation would (unless done under lawful authority)
constitute one or more offences under sections 1 to 3A of the Computer
Misuse Act 1990, or

(b) there is no British Islands connection.

(4) 45In this section—

  • “communications”, “private information” and “equipment data” have the
    same meaning as in Part 5 (see section 127);

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  • “equipment interference warrant” means—

    (a)

    a targeted equipment interference warrant under Part 5;

    (b)

    a bulk equipment interference warrant under Chapter 3 of Part
    6.

14 5Restriction on use of section 93 of the Police Act 1997

(1) A person may not, for the purpose of obtaining communications, private
information or equipment data, make an application under section 93 of the
Police Act 1997 for authorisation to engage in conduct which could be
authorised by a targeted equipment interference warrant under Part 5 if the
10applicant considers that the conduct would (unless done under lawful
authority) constitute one or more offences under sections 1 to 3A of the
Computer Misuse Act 1990 (computer misuse offences).

(2) In this section, “communications”, “private information” and “equipment
data” have the same meaning as in Part 5 (see section 127).

15Part 2 Lawful interception of communications

CHAPTER 1 Interception and examination with a warrant

Warrants under this Chapter

15 20Warrants that may be issued under this Chapter

(1) There are three kinds of warrant that may be issued under this Chapter—

(a) targeted interception warrants (see subsection (2)),

(b) targeted examination warrants (see subsection (3)), and

(c) mutual assistance warrants (see subsection (4)).

(2) 25A targeted interception warrant is a warrant which authorises or requires the
person to whom it is addressed to secure, by any conduct described in the
warrant, any one or more of the following—

(a) the interception, in the course of their transmission by means of a postal
service or telecommunication system, of communications described in
30the warrant;

(b) the obtaining of secondary data from communications transmitted by
means of a postal service or telecommunication system and described
in the warrant (see section 16);

(c) the disclosure, in any manner described in the warrant, of anything
35obtained under the warrant to the person to whom the warrant is
addressed or to any person acting on that person’s behalf.

(3) A targeted examination warrant is a warrant which authorises the person to
whom it is addressed to carry out the selection of relevant content for
examination, in breach of the prohibition in section 143(4) (prohibition on
40seeking to identify communications of individuals in the British Islands).

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In this Part “relevant content”, in relation to a targeted examination warrant,
means any content of communications intercepted by an interception
authorised or required by a bulk interception warrant under Chapter 1 of Part
6.

(4) 5A mutual assistance warrant is a warrant which authorises or requires the
person to whom it is addressed to secure, by any conduct described in the
warrant, any one or more of the following—

(a) the making of a request, in accordance with an EU mutual assistance
instrument or an international mutual assistance agreement, for the
10provision of any assistance of a kind described in the warrant in
connection with, or in the form of, an interception of communications;

(b) the provision to the competent authorities of a country or territory
outside the United Kingdom, in accordance with such an instrument or
agreement, of any assistance of a kind described in the warrant in
15connection with, or in the form of, an interception of communications;

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

(5) A targeted interception warrant or mutual assistance warrant also authorises
20the 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) the interception of communications not described in the
warrant, and

(ii) 25conduct for obtaining secondary data from such
communications;

(b) any conduct by any person which is conduct in pursuance of a
requirement imposed by or on behalf of the person to whom the
warrant is addressed to be provided with assistance in giving effect to
30the warrant;

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

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

  • “related systems data”, in relation to a warrant, means systems data
    35relating to a relevant communication or to the sender or recipient, or
    intended recipient, of a relevant communication (whether or not a
    person), and

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

    (a)

    any communication intercepted in accordance with the warrant
    40in the course of its transmission by means of a postal service or
    telecommunication system, or

    (b)

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

(7) For provision enabling the combination of targeted interception warrants with
45certain other warrants or authorisations (including targeted examination
warrants), see Schedule 8.

16 Obtaining secondary data

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

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(2) In relation to a communication transmitted by means of a postal service,
references to obtaining secondary data from the communication are references
to obtaining such data in the course of the transmission of the communication
(as to which, see section 4(7)).

(3) 5In relation to a communication transmitted by means of a telecommunication
system, references to obtaining secondary data from the communication are
references to obtaining such data—

(a) while the communication is being transmitted, or

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

(4) “Secondary data”—

(a) in relation to a communication transmitted by means of a postal
service, means any data falling within subsection (5);

(b) in relation to a communication transmitted by means of a
15telecommunication system, means any data falling within subsection
(5) or (6).

(5) 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).

(6) 20The 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),

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

(c) 25if it were so separated, would not reveal anything of what might
reasonably be considered to be the meaning (if any) of the
communication, disregarding any meaning arising from the fact of the
communication or from any data relating to the transmission of the
communication.

(7) 30For the meaning of “systems data” and “identifying data”, see section 239.

17 Subject-matter of warrants

(1) A warrant under this Chapter may relate to—

(a) a particular person or organisation, or

(b) a single set of premises.

(2) 35In addition, a targeted interception warrant or targeted examination warrant
may relate to—

(a) a group of persons who share a common purpose or who carry on, or
may carry on, a particular activity;

(b) more than one person or organisation, or more than one set of premises,
40where the conduct authorised or required by the warrant is for the
purposes of a single investigation or operation;

(c) testing or training activities.

(3) In subsection (2)(c) “testing or training activities” means—

(a) in relation to a targeted interception warrant—

(i) 45the testing, maintenance or development of apparatus, systems
or other capabilities relating to the interception of

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communications in the course of their transmission by means of
a telecommunication system or to the obtaining of secondary
data from communications transmitted by means of such a
system, or

(ii) 5the training of persons who carry out, or are likely to carry out,
such interception or the obtaining of such data;

(b) in relation to a targeted examination warrant—

(i) the testing, maintenance or development of apparatus, systems
or other capabilities relating to the selection of relevant content
10for examination, or

(ii) the training of persons who carry out, or are likely to carry out,
the selection of relevant content for examination.

Power to issue warrants

18 Persons who may apply for issue of a warrant

(1) 15Each of the following is an “intercepting authority” for the purposes of this
Part—

(a) a person who is the head of an intelligence service;

(b) the Director General of the National Crime Agency;

(c) the Commissioner of Police of the Metropolis;

(d) 20the Chief Constable of the Police Service of Northern Ireland;

(e) the chief constable of the Police Service of Scotland;

(f) the Commissioners for Her Majesty’s Revenue and Customs;

(g) the Chief of Defence Intelligence;

(h) a person who is the competent authority of a country or territory
25outside the United Kingdom for the purposes of an EU mutual
assistance instrument or an international mutual assistance agreement.

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

(3) An application for the issue of a warrant under this Chapter may only be made
on behalf of an intercepting authority by a person holding office under the
30Crown.

19 Power of Secretary of State to issue warrants

(1) The Secretary of State may, on an application made by or on behalf of an
intercepting authority mentioned in section 18(1)(a) to (g), issue a targeted
interception warrant if—

(a) 35the Secretary of State considers that the warrant is necessary on
grounds falling within section 20,

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

(c) 40the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 51 and 52 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
45approved by a Judicial Commissioner.

Investigatory Powers BillPage 15

This is subject to subsection (4).

(2) The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—

(a) the Secretary of State considers that the warrant is necessary on
5grounds falling within section 20,

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

(c) the Secretary of State considers that the warrant is or may be necessary
10to authorise the selection of relevant content for examination in breach
of the prohibition in section 143(4) (prohibition on seeking to identify
communications of individuals in the British Islands), and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
15approved by a Judicial Commissioner.

This is subject to subsection (4).

(3) The Secretary of State may, on an application made by or on behalf of an
intercepting authority, issue a mutual assistance warrant if—

(a) the Secretary of State considers that the warrant is necessary on
20grounds falling within section 20,

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

(c) the Secretary of State considers that satisfactory arrangements made for
25the purposes of sections 51 and 52 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

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

30This is subject to subsection (4).

(4) The Secretary of State may not issue a warrant under this section if—

(a) the application is a relevant Scottish application (see section 22), and

(b) in the case of an application for a targeted interception warrant or a
targeted examination warrant, the Secretary of State considers that the
35warrant is necessary only for the purpose of preventing or detecting
serious crime.

For the power of the Scottish Ministers to issue warrants under this Chapter,
see section 21.

(5) But subsection (4) does not prevent the Secretary of State from doing anything
40under this section for the purposes specified in section 2(2) of the European
Communities Act 1972.

20 Grounds on which warrants may be issued by Secretary of State

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

(2) A targeted interception warrant or targeted examination warrant is necessary
45on grounds falling within this section if it is necessary—

(a) in the interests of national security,

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

Investigatory Powers BillPage 16

(c) 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 (4)).

(3) A mutual assistance warrant is necessary on grounds falling within this section
5if—

(a) it is necessary for the purpose of giving effect to the provisions of an EU
mutual assistance instrument or an international mutual assistance
agreement, and

(b) the circumstances appear to the Secretary of State to be equivalent to
10those in which the Secretary of State would issue a warrant by virtue of
subsection (2)(b).

(4) A warrant may be considered necessary as mentioned in subsection (2)(c) only
if the information which it is considered necessary to obtain is information
relating to the acts or intentions of persons outside the British Islands.

(5) 15A warrant may not be considered necessary on grounds falling within this
section if it is considered necessary only for the purpose of gathering evidence
for use in any legal proceedings.

(6) The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
20to establish that the warrant is necessary on grounds falling within this section.

21 Power of Scottish Ministers to issue warrants

(1) The Scottish Ministers may, on an application made by or on behalf of an
intercepting authority mentioned in section 18(1)(a) to (g), issue a targeted
interception warrant if—

(a) 25the application is a relevant Scottish application (see section 22),

(b) the Scottish Ministers consider that the warrant is necessary on
grounds falling within subsection (4),

(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
30conduct,