[F1 Part 7B U.K. Third party bulk personal datasets

Textual Amendments

F1 Pt. 7B inserted (14.10.2024 for specified purposes, 25.4.2025 in so far as not already in force) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 5, 32(2); S.I. 2024/1021, reg. 2(e); S.I. 2025/501, reg. 2

Further and supplementary provision U.K.

226ID Offence of breaching safeguards relating to examination of material U.K.

(1) A person commits an offence if—

(a) the person examines, in reliance on a third party BPD warrant, any data contained in a third party bulk personal dataset,

(b) the person knows or believes that the examination of that data is in breach of the requirement specified in subsection (2), and

(c) the person deliberately examines that data in breach of that requirement.

(2) The requirement specified in this subsection is that any examination of the data is necessary and proportionate.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both.

(4) No proceedings for any offence which is an offence by virtue of this section may be instituted—

(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.]