Investigatory Powers Act 2016

[F1 195A Section 195: procedure where use of criteria approved by senior official U.K.

(1) This section applies where material obtained under a bulk equipment interference warrant is selected for examination using criteria the use of which was approved by a senior official under section 195(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 material 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 material 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

F1 Ss. 195, 195A substituted for s. 195 (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 27(2), 32(2); S.I. 2024/1021, reg. 2(y)