Investigatory Powers Act 2016 (c. 25)

Part 2 U.K. Lawful interception of communications

CHAPTER 3 U.K. Other provisions about interception

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

54 Safeguards relating to disclosure of material overseas U.K.

(1) The issuing authority must ensure, in relation to every targeted interception warrant or mutual assistance warrant issued by that authority, that arrangements are in force for securing that—

(a) any material obtained under the warrant is handed over to overseas authorities only if the requirements of subsection (2) are met, and

(b) copies of any such material are given to overseas authorities only if those requirements are met.

(2) The requirements of this subsection are met in the case of a warrant if it appears to the issuing authority—

(a) that requirements corresponding to the requirements of section 53(2) and (5) will apply, to such extent (if any) as the issuing authority considers appropriate, in relation to any of the material which is handed over, or any copy of which is given, to the authorities in question, and

(b) that restrictions are in force which would prevent, to such extent (if any) as the issuing authority considers appropriate, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in a prohibited disclosure.

(3) In subsection (2)(b) “prohibited disclosure” means a disclosure which, if made in the United Kingdom, would breach the prohibition in section 56(1).

(4) In this section—

• “copy” has the same meaning as in section 53;

• “the issuing authority” means—

  (a)

  the Secretary of State, in the case of warrants issued by the Secretary of State;

  (b)

  the Scottish Ministers, in the case of warrants issued by the Scottish Ministers;

• “overseas authorities” means authorities of a country or territory outside the United Kingdom.

Commencement Information

I1 S. 54 in force at 31.5.2018 by S.I. 2018/652, reg. 3(r)