Investigatory Powers Act 2016

[F1 226B Individual authorisation U.K.

(1) In this Part “an individual authorisation” is an authorisation that authorises an intelligence service to retain, or to retain and examine, any bulk personal dataset described in the authorisation.

(2) See section 200 (requirement for authorisation) for provision about when an individual authorisation under this Part is required.

(3) The head of an intelligence service, or a person acting on their behalf, may grant an individual authorisation where the conditions in subsections (4) and (5) are met.

This is subject to subsection (6).

(4) The condition in this subsection is that the person granting the authorisation considers that—

(a) section 226A applies to the bulk personal dataset described in the authorisation,

(b) the authorisation is necessary for the purpose of the exercise of any function of the intelligence service,

(c) the conduct being authorised is proportionate to what is sought to be achieved by the conduct, and

(d) there are for the time being in force arrangements made by the intelligence service, and approved by the Secretary of State, for storing bulk personal datasets to which section 226A applies and for protecting them from unauthorised disclosure.

(5) The condition in this subsection is that the decision to grant the authorisation has been approved by a Judicial Commissioner.

(6) The condition in subsection (5) does not apply where—

(a) the bulk personal dataset described in the individual authorisation falls within a category of bulk personal datasets authorised for the purposes of this Part by a category authorisation (see section 226BA), or

(b) the person granting the individual authorisation considers that there is an urgent need to grant the authorisation.

(7) But subsection (6)(a) does not prevent a person granting an individual authorisation from seeking the approval of a Judicial Commissioner in a case where subsection (6)(a) applies if the person considers that it would be appropriate to seek such approval.

(8) An individual authorisation relating to a bulk personal dataset (“dataset A”) may also authorise the retention or examination of other bulk personal datasets (“replacement datasets”) that do not exist at the time of the grant of the authorisation but may reasonably be regarded as replacements for dataset A.]

Textual Amendments

F1 Pt. 7A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 2, 32(2); S.I. 2024/1021, reg. 2(b)