Investigatory Powers Act 2016

220 Initial examinations: time limits U.K.

(1) This section applies where—

(a) an intelligence service obtains a set of information otherwise than in the exercise of a power conferred by a warrant or other authorisation issued or given under this Act, and

(b) the head of the intelligence service [F1 , or a person acting on their behalf,] believes that—

(i) the set includes, or may include, personal data relating to a number of individuals, and

(ii) the nature of the set is, or may be, such that the majority of the individuals are not, and are unlikely to become, of interest to the intelligence service in the exercise of its functions.

(2) The head of the intelligence service [F2 , or a person acting on their behalf,] must take the following steps before the end of the permitted period.

• Step 1 Carry out an initial examination of the set for the purpose of deciding whether, if the intelligence service were to retain it after that initial examination and hold it electronically for analysis for the purposes of the exercise of its functions, the intelligence service would be retaining a bulk personal dataset (see section 199).

• Step 2 If the intelligence service would be retaining a bulk personal dataset as mentioned in step 1, decide whether to retain the set and hold it electronically for analysis for the purposes of the exercise of the functions of the intelligence service.

• [F3 Step 3

  If the head of the intelligence service, or a person acting on their behalf, decides to retain the set and hold it electronically for analysis as mentioned in step 2, as soon as reasonably practicable after making that decision—

  (a)

  apply for a specific BPD warrant (unless the retention of the dataset is authorised by a class BPD warrant), or

  (b)

  where the head of the intelligence service, or the person acting on their behalf, considers that section 226A applies to the dataset, decide to grant an individual authorisation under Part 7A.]

(3) The permitted period begins when the head of the intelligence service [F4 , or a person acting on their behalf,] first forms the beliefs mentioned in subsection (1)(b).

(4) The permitted period ends—

(a) where the set of information was created in the United Kingdom, 3 months after the day on which it begins;

(b) where the set of information was created outside the United Kingdom, 6 months after the day on which it begins.

(5) If the head of the intelligence service [F5 , or a person acting on their behalf,] applies for a specific BPD warrant in accordance with step 3 (set out in subsection (2))—

(a) the intelligence service is not to be regarded as in breach of section 200(1) by virtue of retaining the bulk personal dataset during the period between the taking of the decision mentioned in step 2 and the determination of the application for the specific BPD warrant, and

(b) the intelligence service is not to be regarded as in breach of section 200(2) by virtue of examining the bulk personal dataset during that period if the examination is necessary for the purposes of the making of the application for the warrant.

[F6 (6) If the head of the intelligence service, or a person acting on their behalf, decides to grant an individual authorisation under Part 7A in accordance with step 3 (set out in subsection (2))—

(a) the intelligence service is not to be regarded as in breach of section 200(1) by virtue of retaining the bulk personal dataset during any period when a Judicial Commissioner is deciding whether to approve the decision to grant the authorisation (see section 226B(5)), and

(b) the intelligence service is not to be regarded as in breach of section 200(2) by virtue of examining the bulk personal dataset during that period if the examination is necessary in connection with obtaining the approval of a Judicial Commissioner.]

[F7 (7) For the purposes of this section, only a person holding office under the Crown may act on behalf of the head of an intelligence service.]

Textual Amendments

F1 Words in s. 220(1)(b) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(5)(a)(i), 32(2); S.I. 2024/1021, reg. 2(d)

F2 Words in s. 220(2) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(5)(a)(ii), 32(2); S.I. 2024/1021, reg. 2(d)

F3 Words in s. 220(2) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(7)(a), 32(2); S.I. 2024/1021, reg. 2(a)

F4 Words in s. 220(3) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(5)(a)(iii), 32(2); S.I. 2024/1021, reg. 2(d)

F5 Words in s. 220(5) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(5)(a)(iv), 32(2); S.I. 2024/1021, reg. 2(d)

F6 S. 220(6) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(7)(b), 32(2); S.I. 2024/1021, reg. 2(a)

F7 S. 220(7) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 4(5)(b), 32(2); S.I. 2024/1021, reg. 2(d)

Commencement Information

I1 S. 220 in force at 22.8.2018 by S.I. 2018/873, reg. 3(c) (with reg. 9)