Investigatory Powers Act 2016

[F1 Restriction on use of class BPD warrants etc] U.K.

Textual Amendments

F1 S. 202 cross-heading inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(6), 32(2); S.I. 2024/1021, reg. 2(a)

202 Restriction on use of class BPD warrants U.K.

(1) An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service [F2 , or a person acting on their behalf,] considers that the bulk personal dataset consists of, or includes, protected data.

For the meaning of “protected data”, see section 203.

(2) An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service [F3 , or a person acting on their behalf,] considers—

(a) that the bulk personal dataset consists of, or includes, health records, or

(b) that a substantial proportion of the bulk personal dataset consists of sensitive personal data.

(3) An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service [F4 , or a person acting on their behalf,] considers that the nature of the bulk personal dataset, or the circumstances in which it was created, is or are such that its retention, or retention and examination, by the intelligence service raises novel or contentious issues which ought to be considered by the Secretary of State and a Judicial Commissioner on an application F5 ... for a specific BPD warrant.

(4) In subsection (2)—

• “health records” has the same meaning as in section 206;

• “sensitive personal data” means personal data consisting of information about an individual (whether living or deceased) which is of a kind mentioned in [F6 section 86(7)(a) to (e) of the Data Protection Act 2018].

[F7 (5) For the purposes of subsections (1), (2) and (3), only a person holding office under the Crown may act on behalf of the head of an intelligence service.]

Textual Amendments

F2 Words in s. 202(1) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(2)(a), 32(2); S.I. 2024/1021, reg. 2(d)

F3 Words in s. 202(2) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(2)(a), 32(2); S.I. 2024/1021, reg. 2(d)

F4 Words in s. 202(3) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(2)(b)(i), 32(2); S.I. 2024/1021, reg. 2(d)

F5 Words in s. 202(3) omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(2)(b)(ii), 32(2); S.I. 2024/1021, reg. 2(d)

F6 Words in s. 202(4) substituted (29.3.2019) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(3), Sch. 4 para. 2

F7 S. 202(5) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(2)(c), 32(2); S.I. 2024/1021, reg. 2(d)

Commencement Information

I1 S. 202 in force at 25.7.2018 by S.I. 2018/873, reg. 2(k)

203 Meaning of “protected data” U.K.

(1) In this Part, “protected data” means any data contained in a bulk personal dataset other than data which is one or more of the following—

(a) systems data;

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

(c) data which is not private information.

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

(a) is contained in the bulk personal dataset,

(b) is capable of being logically separated from the bulk personal dataset, and

(c) if it were so separated, would not reveal anything of what might reasonably be considered to be the meaning (if any) of any of the data which would remain in the bulk personal dataset or of the bulk personal dataset itself, disregarding any meaning arising from the existence of that data or (as the case may be) the existence of the bulk personal dataset or from any data relating to that fact.

(3) For the meaning of “systems data” see section 263(4).

(4) In this section, “private information” includes information relating to a person's private or family life.

Commencement Information

I2 S. 203 in force at 25.7.2018 by S.I. 2018/873, reg. 2(l)