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Investigatory Powers Act 2016
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Changes over time for: Section 224
Version Superseded: 01/12/2020
Alternative versions:
- 22/08/2018- Amendment
- 26/09/2018
Point in time - 01/12/2020- Amendment
- 28/04/2022- Amendment
- 07/02/2023- Amendment
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224Offence of breaching safeguards relating to examination of materialU.K.
This section has no associated Explanatory Notes
(1)A person commits an offence if—
(a)the person selects for examination any data contained in a bulk personal dataset retained in reliance on a class BPD warrant or a specific BPD warrant,
(b)the person knows or believes that the selection of that data is in breach of a requirement specified in subsection (2), and
(c)the person deliberately selects that data in breach of that requirement.
(2)The requirements specified in this subsection are that any selection for examination of the data—
(a)is carried out only for the specified purposes (see subsection (3)),
(b)is necessary and proportionate, and
(c)if the data is protected data, satisfies any conditions imposed under section 207.
(3)The selection for examination of the data is carried out only for the specified purposes if the data is selected for examination only so far as is necessary for the operational purposes specified in the warrant in accordance with section 212.
In this subsection, “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination.
(4)A person guilty of an offence under this section is liable—
(a)on summary conviction in England and Wales—
(i)to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or
(ii)to a fine,
or to both;
(b)on summary conviction in Scotland—
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(c)on summary conviction in Northern Ireland—
(i)to imprisonment for a term not exceeding 6 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
(5)No proceedings for any offence which is an offence by virtue of this section may be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Commencement Information
I1S. 224 in force at 22.8.2018 by S.I. 2018/873, reg. 3(c)
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