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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

136Bulk interception warrants
This section has no associated Explanatory Notes

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

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

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

(b)the obtaining of secondary data from such communications (see section 137).

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

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

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

(4)Condition B is that the warrant authorises or requires the person to whom it is addressed to secure, by any conduct described in the warrant, any one or more of the following activities—

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

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

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

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

(5)A bulk interception warrant also authorises the following conduct (in addition to the conduct described in the warrant)—

(a)any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant, including—

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

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

(b)conduct by any person which is conduct in pursuance of a requirement 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;

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

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

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

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

    (a)

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

    (b)

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

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