Investigatory Powers Act 2016

[F1 226I Initial inspection U.K.

(1) This section applies where—

(a) an intelligence service has relevant access, whether on payment or otherwise, to a set of information that is held electronically by a person other than an intelligence service,

(b) the intelligence service is considering examining the set of information electronically for the purpose of the exercise of its functions,

(c) the examination would be otherwise than in the exercise of a power conferred by a warrant or other authorisation issued or given under this Act, and

(d) the head of the intelligence service, 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, or a person acting on their behalf, may carry out an initial inspection of the contents of the set for the purpose of deciding whether, if the intelligence service were to examine it after that initial inspection—

(a) the intelligence service would be examining a third party bulk personal dataset (see section 226E), and

(b) such examination would be necessary and proportionate in all the circumstances.

(3) Subsection (4) applies if, after the initial inspection is carried out, the head of the intelligence service, or a person acting on their behalf, decides that—

(a) the intelligence service would be examining a third party bulk personal dataset (as mentioned in subsection (2)(a)), and

(b) such examination would be necessary and proportionate in all the circumstances.

(4) The head of the intelligence service, or a person acting on their behalf, must—

(a) decide whether to examine the third party bulk personal dataset, and

(b) if they decide to do so, apply for a third party BPD warrant.

(5) If the head of the intelligence service, or a person acting on their behalf, applies for such a third party BPD warrant, the intelligence service is not to be regarded as in breach of section 226F(1) by virtue of examining the bulk personal dataset if the examination is necessary for the purposes of the making of the application for the warrant.

(6) For the purposes of subsection (1)(a), “relevant access” is to be read in accordance with section 226E(2).

(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 Pt. 7B inserted (14.10.2024 except for the insertion of ss. 226F, 226FA) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 5, 32(2); S.I. 2024/1021, reg. 2(e)