Investigatory Powers Act 2016

[F1 226BB Approval of authorisations by Judicial Commissioners U.K.

(1) In deciding whether to approve a decision to grant an individual authorisation or a category authorisation, a Judicial Commissioner must review the conclusions of the person who granted the authorisation as to the following matters—

(a) in relation to an individual authorisation, whether section 226A applies to the bulk personal dataset described in the authorisation, and

(b) in relation to a category authorisation, whether section 226A applies to any dataset that falls within the category of datasets described in the authorisation.

(2) In doing so, the Judicial Commissioner must—

(a) apply the same principles as would be applied by a court on an application for judicial review, and

(b) consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).

(3) Where a Judicial Commissioner refuses to approve a decision to grant an individual authorisation or a category authorisation, the Judicial Commissioner must give the person who decided to grant the authorisation written reasons for the refusal.

(4) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a decision to grant an individual authorisation or a category authorisation, the head of the intelligence service, or a person acting on their behalf, may ask the Investigatory Powers Commissioner to decide whether to approve the decision to grant the authorisation.]

Textual Amendments

F1 Pt. 7A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 2, 32(2); S.I. 2024/1021, reg. 2(b)