Version Superseded: 14/10/2024
Point in time view as at 17/05/2019. This version of this provision has been superseded.
Investigatory Powers Act 2016, Section 202 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service considers that the bulk personal dataset consists of, or includes, protected data.
For the meaning of “protected data”, see section 203.
(2)An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service considers—
(a)that the bulk personal dataset consists of, or includes, health records, or
(b)that a substantial proportion of the bulk personal dataset consists of sensitive personal data.
(3)An intelligence service may not retain, or retain and examine, a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service considers that the nature of the bulk personal dataset, or the circumstances in which it was created, is or are such that its retention, or retention and examination, by the intelligence service raises novel or contentious issues which ought to be considered by the Secretary of State and a Judicial Commissioner on an application by the head of the intelligence service for a specific BPD warrant.
(4)In subsection (2)—
“health records” has the same meaning as in section 206;
“sensitive personal data” means personal data consisting of information about an individual (whether living or deceased) which is of a kind mentioned in [F1section 86(7)(a) to (e) of the Data Protection Act 2018].
Textual Amendments
F1Words in s. 202(4) substituted (29.3.2019) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(3), Sch. 4 para. 2
Commencement Information
I1S. 202 in force at 25.7.2018 by S.I. 2018/873, reg. 2(k)
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