Part 6 U.K.Bulk warrants

CHAPTER 1U.K.Bulk interception warrants

Restrictions on use or disclosure of material obtained under warrants etc.U.K.

[F1154ASection 154: procedure where use of criteria approved by senior officialU.K.

(1)This section applies where intercepted content or secondary data is selected for examination using criteria the use of which was approved by a senior official under section 154(2).

(2)The Secretary of State must, as soon as reasonably practicable, inform the Investigatory Powers Commissioner that the approval has been given.

(3)The Investigatory Powers Commissioner must, as soon as reasonably practicable—

(a)consider whether the relevant condition is met as regards the use of the criteria for the selection of the intercepted content or secondary data for examination, and

(b)notify the Secretary of State of their decision.

(4)For this purpose, “the relevant condition” is that—

(a)the public interest in obtaining the information that would be obtained by the selection of the intercepted content or secondary data for examination outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information, and

(b)there are no less intrusive means by which the information may reasonably be obtained.

(5)On the giving of a notification of a decision that the relevant condition is not met, the senior official’s approval ceases to have effect.

(6)Nothing in subsection (5) affects the lawfulness of—

(a)anything done by virtue of the approval before it ceases to have effect, or

(b)if anything is in the process of being done by virtue of the approval when it ceases to have effect—

(i)anything done before that thing could be stopped, or

(ii)anything done which it is not reasonably practicable to stop.]

Textual Amendments