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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

67Filtering arrangements for obtaining data

This section has no associated Explanatory Notes

(1)The Secretary of State may establish, maintain and operate arrangements for the purposes of—

(a)assisting a designated senior officer, who is considering whether to grant an authorisation, to determine whether the requirements of this Part in relation to granting the authorisation are satisfied, or

(b)facilitating the lawful, efficient and effective obtaining of communications data from any person by relevant public authorities in pursuance of an authorisation.

(2)Arrangements under subsection (1) (“filtering arrangements”) may, in particular, involve the obtaining of communications data in pursuance of an authorisation (“the target data”) by means of—

(a)a request to the Secretary of State to obtain the target data on behalf of an authorised officer, and

(b)the Secretary of State—

(i)obtaining the target data or data from which the target data may be derived,

(ii)processing the target data or the data from which it may be derived (and retaining data temporarily for that purpose), and

(iii)disclosing the target data to the person identified for this purpose by, or in accordance with, the authorisation.

(3)Filtering arrangements may, in particular, involve the generation or use by the Secretary of State of information—

(a)for the purpose mentioned in subsection (1)(a), or

(b)for the purposes of—

(i)the support, maintenance, oversight, operation or administration of the arrangements, or

(ii)the functions of the Investigatory Powers Commissioner mentioned in subsection (4) or (5).

(4)Filtering arrangements must involve the generation and retention of such information or documents as the Investigatory Powers Commissioner considers appropriate for the purposes of the functions of the Commissioner under section 229(1) of keeping under review the exercise by public authorities of functions under this Part.

(5)The Secretary of State must consult the Investigatory Powers Commissioner about the principles on the basis of which the Secretary of State intends to establish, maintain or operate any arrangements for the purpose mentioned in subsection (1)(a).

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