F1Part 7BThird party bulk personal datasets

Issue of warrants

226GApplication for third party BPD warrant

(1)

The head of an intelligence service, or a person acting on their behalf, may apply to the Secretary of State for a third party BPD warrant.

(2)

The application must include a general description of the bulk personal dataset (or datasets) to which the application relates.

(3)

Where the person making the application knows that subsection (6) applies to any bulk personal dataset to which the application relates, the application must also include a statement to that effect.

(4)

The Secretary of State may issue the warrant if—

(a)

the Secretary of State considers that the warrant is necessary—

(i)

in the interests of national security,

(ii)

for the purposes of preventing or detecting serious crime, or

(iii)

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,

(b)

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

(c)

the Secretary of State considers that the arrangements made by the intelligence service for examining the bulk personal dataset (or datasets) to which the application relates are satisfactory, 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.

(5)

The fact that a third party BPD warrant would authorise the examination of bulk personal datasets relating to activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary on grounds falling within subsection (4)(a).

(6)

This subsection applies to a bulk personal dataset if—

(a)

the dataset consists of, or includes, protected data or health records,

(b)

a substantial proportion of the dataset consists of sensitive personal data, or

(c)

the nature of the dataset, or the circumstances in which it was created, is or are such that its examination by the intelligence service is likely to raise novel or contentious issues.

(7)

In this section—

“health record” means a record, or a copy of a record which—

(a)

consists of information relating to the physical or mental health or condition of an individual,

(b)

was made by or on behalf of a health professional in connection with the care of that individual, and

(c)

was obtained, by the person (mentioned in section 226E(1)(a)) who holds the dataset, from a health professional or a health service body or from a person acting on behalf of a health professional or a health service body in relation to the record or the copy;

“sensitive personal data” has the meaning given by section 202(4).

(8)

In subsection (7), “health professional” and “health service body” have the meaning given by section 206(7).

(9)

An application for a third party BPD warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown.