Investigatory Powers Bill (HC Bill 143)

(5) The warrant may, in particular, specify all of the operational purposes which,
at the time the warrant is issued, the person to whom it is addressed considers
are operational purposes for which intercepted content or secondary data
obtained under bulk interception warrants may be selected for examination.

(6) 5In this Chapter “the specified operational purposes”, in relation to a bulk
interception warrant, means the operational purposes specified in the warrant
in accordance with this section.

Duration, modification and cancellation of warrants

126 Duration of warrants

(1) 10A bulk interception warrant (unless already cancelled) ceases to have effect at
the end of the period of 6 months beginning with—

(a) the day on which the warrant was issued, or

(b) in the case of a warrant that has been renewed, the day after the day at
the end of which the warrant would have ceased to have effect if it had
15not been renewed.

(2) For provision about the renewal of warrants, see section 127.

127 Renewal of warrants

(1) If the renewal conditions are met, a bulk interception warrant may be renewed,
at any time before it would otherwise cease to have effect, by an instrument
20issued by the Secretary of State.

This is subject to subsection (5).

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be
necessary—

(i) 25in the interests of national security, or

(ii) on that ground and on any other grounds falling within section
121(2),

(b) that the Secretary of State considers that the conduct that would be
authorised by the renewed warrant continues to be proportionate to
30what is sought to be achieved by that conduct,

(c) that the Secretary of State considers that—

(i) each of the specified operational purposes (see section 125) is a
purpose for which the examination of intercepted content or
secondary data obtained under the warrant continues to be, or
35may be, necessary, and

(ii) the examination of intercepted content or secondary data for
each such purpose continues to be necessary on any of the
grounds on which the Secretary of State considers that the
warrant continues to be necessary, and

(d) 40that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) The decision to renew a bulk interception warrant must be taken personally by
the Secretary of State, and the instrument renewing the warrant must be signed
by the Secretary of State.

(4) Section 123 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a bulk interception warrant as it applies in
relation to a decision to issue a bulk interception warrant.

This is subject to subsection (5).

(5) 5In the case of the renewal of a bulk interception warrant that has been modified
so that it no longer authorises or requires the interception of communications
or the obtaining of secondary data—

(a) the renewal condition in subsection (2)(a) is to be disregarded,

(b) the reference in subsection (2)(c)(ii) to the grounds on which the
10Secretary of State considers the warrant to be necessary is to be read as
a reference to any grounds falling within section 121(1)(b) or (2), and

(c) section 123 has effect as if—

(i) paragraph (a) of subsection (1) were omitted, and

(ii) the reference in subsection (1)(c)(ii) to the grounds on which the
15Secretary of State considers the warrant to be necessary were a
reference to any grounds falling within section 121(1)(b) or (2).

128 Modification of warrants

(1) The provisions of a bulk interception warrant may be modified at any time by
an instrument issued by the person making the modification.

(2) 20The only modifications that may be made under this section are—

(a) adding, varying or removing any operational purpose specified in the
warrant as a purpose for which any intercepted content or secondary
data obtained under the warrant may be selected for examination, and

(b) providing that the warrant no longer authorises or requires—

(i) 25the interception of any communications in the course of their
transmission by means of a telecommunication system, or

(ii) the obtaining of any secondary data from communications
transmitted by means of such a system.

(3) In this section—

(a) 30a modification adding or varying any operational purpose as
mentioned in paragraph (a) of subsection (2) is referred to as a “major
modification”, and

(b) any other modification within that subsection is referred to as a “minor
modification”.

(4) 35A major modification—

(a) must be made by the Secretary of State, and

(b) may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 121(1)(b)).

(5) 40Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.

(6) Section 123 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to make a major modification of a bulk interception
45warrant as it applies in relation to the decision to issue a bulk interception
warrant.

Section 129 contains provision about the approval of major modifications made
in urgent cases.

(7) A minor modification may be made by—

(a) 5the Secretary of State, or

(b) a senior official acting on behalf of the Secretary of State.

(8) Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.

(9) If at any time a person mentioned in subsection (7) considers that any
10operational purpose specified in a warrant is no longer a purpose for which the
examination of intercepted content or secondary data obtained under the
warrant is or may be necessary, the person must modify the warrant by
removing that operational purpose.

(10) The decision to modify the provisions of a warrant must be taken personally
15by the person making the modification, and the instrument making the
modification must be signed by that person.

This is subject to subsection (11) (urgent cases).

(11) In a case where the Secretary of State considers that there is an urgent need to
make a major modification—

(a) 20the instrument making the modification may be signed by a senior
official designated by the Secretary of State for that purpose, and

(b) the instrument must contain a statement that the case is an urgent case
in which the Secretary of State has personally and expressly authorised
the making of the modification.

(12) 25Despite section 119(2), the modification of a bulk interception warrant as
mentioned in subsection (2)(b) above does not prevent the warrant from being
a bulk interception warrant.

(13) Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised or required by
30it.

129 Approval of major modifications made in urgent cases

(1) This section applies where—

(a) the Secretary of State makes a major modification of a bulk interception
warrant without the approval of a Judicial Commissioner, and

(b) 35the Secretary of State considered that there was an urgent need to make
the modification.

(2) The Secretary of State must inform a Judicial Commissioner that the
modification has been made.

(3) The Judicial Commissioner must, before the end of the relevant period—

(a) 40decide whether to approve the decision to make the modification, and

(b) notify the Secretary of State of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the fifth working day after
the day on which the modification was made.

(4) If the Judicial Commissioner refuses to approve the decision to make the
45modification—

(a) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and

(b) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
5done under the warrant by virtue of that modification stops as soon as
possible.

(5) Nothing in this section affects the lawfulness of—

(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect;

(b) 10if anything is in the process of being done under the warrant by virtue
of the modification when the modification ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done which it is not reasonably practicable to stop.

130 Cancellation of warrants

(1) 15The Secretary of State, or a senior official acting on behalf of the Secretary of
State, may cancel a bulk interception warrant at any time.

(2) If the Secretary of State, or a senior official acting on behalf of the Secretary of
State, considers that any of the cancellation conditions are met in relation to a
bulk interception warrant, the person must cancel the warrant.

(3) 20The cancellation conditions are—

(a) that the warrant is no longer necessary in the interests of national
security;

(b) that the conduct authorised by the warrant is no longer proportionate
to what is sought to be achieved by that conduct;

(c) 25that the examination of intercepted content or secondary data obtained
under the warrant is no longer necessary for any of the specified
operational purposes (see section 125).

(4) But the condition in subsection (3)(a) does not apply where the warrant has
been modified so that it no longer authorises or requires the interception of
30communications or the obtaining of secondary data.

(5) Where a warrant is cancelled under this section, the person to whom the
warrant was addressed must, so far as is reasonably practicable, secure that
anything in the process of being done under the warrant stops as soon as
possible.

(6) 35A warrant that has been cancelled under this section may not be renewed.

Implementation of warrants

131 Implementation of warrants

(1) In giving effect to a bulk interception warrant, the person to whom it is
addressed (“the implementing authority”) may (in addition to acting alone) act
40through, or together with, such other persons as the implementing authority
may require (whether under subsection (2) or otherwise) to provide the
authority with assistance in giving effect to the warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
bulk interception warrant, the implementing authority may—

(a) serve a copy of the warrant on any person who the implementing
authority considers may be able to provide such assistance, or

(b) 5make arrangements for the service of a copy of the warrant on any such
person.

(3) A copy of a warrant may be served under subsection (2) on a person outside
the United Kingdom for the purpose of requiring the person to provide such
assistance in the form of conduct outside the United Kingdom.

(4) 10For the purposes of this Act, the provision of assistance in giving effect to a
bulk interception warrant includes any disclosure to the implementing
authority, or to persons acting on behalf of the implementing authority, of
anything obtained under the warrant.

(5) Sections 35 (service of warrants outside the United Kingdom) and 36 (duty of
15operators to assist with implementation) apply in relation to a bulk
interception warrant as they apply in relation to a targeted interception
warrant.

(6) References in this section (and in sections 35 and 36 as they apply in relation to
bulk interception warrants) to the service of a copy of a warrant include—

(a) 20the service of a copy of one or more schedules contained in the warrant
with the omission of the remainder of the warrant, and

(b) the service of a copy of the warrant with the omission of any schedule
contained in the warrant.

Restrictions on use or disclosure of material obtained under warrants etc.

132 25Safeguards relating to retention and disclosure of material

(1) The Secretary of State must ensure, in relation to every bulk interception
warrant, that arrangements are in force for securing—

(a) that the requirements of subsections (2) and (5) are met in relation to the
material obtained under the warrant, and

(b) 30that the requirements of section 134 are met in relation to the
intercepted content or secondary data obtained under the warrant.

This is subject to subsection (8).

(2) The requirements of this subsection are met in relation to the material obtained
under a warrant if each of the following is limited to the minimum that is
35necessary for the authorised purposes (see subsection (3))—

(a) the number of persons to whom any of the material is disclosed or
otherwise made available;

(b) the extent to which any of the material is disclosed or otherwise made
available;

(c) 40the extent to which any of the material is copied;

(d) the number of copies that are made.

(3) For the purposes of subsection (2) something is necessary for the authorised
purposes if, and only if—

(a) it is, or is likely to become, necessary in the interests of national security
45or on any other grounds falling within section 121(2),

(b) it is necessary for facilitating the carrying out of any functions under
this Act of the Secretary of State, the Scottish Ministers or the head of
the intelligence service to whom the warrant is or was addressed,

(c) it is necessary for facilitating the carrying out of any functions of the
5Judicial Commissioners or the Investigatory Powers Tribunal under or
in relation to this Act,

(d) it is necessary to ensure that a person (“P”) who is conducting a
criminal prosecution has the information P needs to determine what is
required of P by P’s duty to secure the fairness of the prosecution, or

(e) 10it is necessary for the performance of any duty imposed on any person
by the Public Records Act 1958 or the Public Records Act (Northern
Ireland) 1923.

(4) The arrangements for the time being in force under this section for securing
that the requirements of subsection (2) are met in relation to the material
15obtained under the warrant must include arrangements for securing that every
copy made of any of that material is stored, for so long as it is retained, in a
secure manner.

(5) The requirements of this subsection are met in relation to the material obtained
under a warrant if every copy made of any of that material (if not destroyed
20earlier) is destroyed as soon as there are no longer any relevant grounds for
retaining it (see subsection (6)).

(6) For the purposes of subsection (5), there are no longer any relevant grounds for
retaining a copy of any material if, and only if—

(a) its retention is not necessary, or not likely to become necessary, in the
25interests of national security or on any other grounds falling within
section 121(2), and

(b) its retention is not necessary for any of the purposes mentioned in
paragraphs (b) to (e) of subsection (3) above.

(7) Subsection (8) applies if—

(a) 30any material obtained under the warrant has been handed over to any
overseas authorities, or

(b) a copy of any such material has been given to any overseas authorities.

(8) To the extent that the requirements of subsections (2) and (5) relate to any of
the material mentioned in subsection (7)(a), or to the copy mentioned in
35subsection (7)(b), the arrangements made for the purposes of this section are
not required to secure that those requirements are met (see instead section 133).

(9) In this section—

• “copy”, in relation to material obtained under a warrant, means any of the
  following (whether or not in documentary form)—

  (a)

  40any copy, extract or summary of the material which identifies
  the material as having been obtained under the warrant, and

  (b)

  any record which—

  (i)

  refers to any interception or to the obtaining of any
  material, and

  (ii)

  45is a record of the identities of the persons to or by whom
  the material was sent, or to whom the material relates,

  and “copied” is to be read accordingly;

• “overseas authorities” means authorities of a country or territory outside
  the United Kingdom.

133 Safeguards relating to disclosure of material overseas

(1) The Secretary of State must ensure, in relation to every bulk interception
warrant, that arrangements are in force for securing that—

(a) any material obtained under the warrant is handed over to overseas
5authorities only if the requirements of subsection (2) are met, and

(b) copies of any such material are given to overseas authorities only if
those requirements are met.

(2) The requirements of this subsection are met in the case of a warrant if it appears
to the Secretary of State—

(a) 10that requirements corresponding to the requirements of section 132(2)
and (5) (“the relevant requirements”) will apply, to such extent (if any)
as the Secretary of State considers appropriate, in relation to any of the
material which is handed over, or any copy of which is given, to the
authorities in question, and

(b) 15that restrictions are in force which would prevent, to such extent (if
any) as the Secretary of State considers appropriate, the doing of
anything in, for the purposes of or in connection with any proceedings
outside the United Kingdom which would result in a prohibited
disclosure.

(3) 20In subsection (2)(b) “prohibited disclosure” means a disclosure which, if made
in the United Kingdom, would breach the prohibition in section 48(1) (see
section 136).

(4) In this section—

• “copy” has the same meaning as in section 132;

• 25“overseas authorities” means authorities of a country or territory outside
  the United Kingdom.

134 Safeguards relating to examination of material

(1) For the purposes of section 132 the requirements of this section are met in
relation to the intercepted content and secondary data obtained under a
30warrant if—

(a) any selection of the intercepted content or secondary data for
examination is carried out only for the specified purposes (see
subsection (2)),

(b) the selection of any of the intercepted content or secondary data for
35examination is necessary and proportionate in all the circumstances,
and

(c) the selection of any of the intercepted content for examination meets
any of the selection conditions (see subsection (3)).

(2) The selection of intercepted content or secondary data for examination is
40carried out only for the specified purposes if the intercepted content or
secondary data is selected for examination only so far as is necessary for the
operational purposes specified in the warrant in accordance with section 125.

In this subsection “specified in the warrant” means specified in the warrant at
the time of the selection of the intercepted content or secondary data for
45examination.

(3) The selection conditions referred to in subsection (1)(c) are—

(a) that the selection of the intercepted content for examination does not
breach the prohibition in subsection (4);

(b) that the person to whom the warrant is addressed considers that the
selection of the intercepted content for examination would not breach
5that prohibition;

(c) that the selection of the intercepted content for examination in breach
of that prohibition is authorised by subsection (5);

(d) that the selection of the intercepted content for examination in breach
of that prohibition is authorised by a targeted examination warrant
10issued under Chapter 1 of Part 2.

(4) The prohibition referred to in subsection (3)(a) is that intercepted content may
not at any time be selected for examination if—

(a) any criteria used for the selection of the intercepted content for
examination are referable to an individual known to be in the British
15Islands at that time, and

(b) the purpose of using those criteria is to identify the content of
communications sent by, or intended for, that individual.

It does not matter for the purposes of this subsection whether the identity of
the individual is known.

(5) 20The selection of intercepted content (“the relevant content”) for examination is
authorised by this subsection if—

(a) criteria referable to an individual have been, or are being, used for the
selection of intercepted content for examination in circumstances
falling within subsection (3)(a) or (b),

(b) 25at any time it appears to the person to whom the warrant is addressed
that there has been a relevant change of circumstances in relation to the
individual (see subsection (6)) which would mean that the selection of
the relevant content for examination would breach the prohibition in
subsection (4),

(c) 30since that time, a written authorisation to examine the relevant content
using those criteria has been given by a senior officer, and

(d) the selection of the relevant content for examination is made before the
end of the permitted period (see subsection (7)).

(6) For the purposes of subsection (5)(b) there is a relevant change of
35circumstances in relation to an individual if—

(a) the individual has entered the British Islands, or

(b) a belief by the person to whom the warrant is addressed that the
individual was outside the British Islands was in fact mistaken.

(7) In subsection (5)—

• 40“senior officer”, in relation to a warrant addressed to the head of an
  intelligence service, means a member of the intelligence service who—

  (a)

  is a member of the Senior Civil Service or a member of the
  Senior Management Structure of Her Majesty’s Diplomatic
  Service, or

  (b)

  45holds a position in the intelligence service of equivalent
  seniority to such a member;

• “the permitted period” means the period ending with the fifth working
  day after the time mentioned in subsection (5)(b).

(8) In a case where the selection of intercepted content for examination is
authorised by subsection (5), the person to whom the warrant is addressed
must notify the Secretary of State that the selection is being carried out.

135 Additional safeguards for items subject to legal privilege

(1) 5Subsection (2) applies if, in a case where intercepted content obtained under a
bulk interception warrant is to be selected for examination—

(a) the selection of the intercepted content for examination meets any of
the selection conditions in section 134(3)(a) to (c), and

(b) either—

(i) 10the purpose, or one of the purposes, of using the criteria to be
used for the selection of the intercepted content for examination
(“the relevant criteria”) is to identify any items subject to legal
privilege, or

(ii) the use of the relevant criteria is likely to identify such items.

(2) 15The intercepted content may be selected for examination using the relevant
criteria only if a senior official acting on behalf of the Secretary of State has
approved the use of those criteria.

(3) A senior official may give an approval under subsection (2) only if—

(a) the official considers that the arrangements made for the purposes of
20section 132 (safeguards relating to retention and disclosure of material)
include specific arrangements for the handling, retention, use and
destruction of items subject to legal privilege, and

(b) where subsection (1)(b)(i) applies, the official considers that there are
exceptional and compelling circumstances that make it necessary to
25authorise the use of the relevant criteria.

(4) Where an item subject to legal privilege intercepted in accordance with a bulk
interception warrant is retained following its examination, the person to whom
the warrant is addressed must inform the Investigatory Powers Commissioner
as soon as is reasonably practicable.

30(For provision about the grounds for retaining material obtained under a
warrant, see section 132.)

136 Application of other restrictions in relation to warrants

(1) Section 48 and Schedule 3 (exclusion of matters from legal proceedings) apply
in relation to bulk interception warrants as they apply in relation to targeted
35interception warrants.

(2) Sections 49 to 51 (duty not to make unauthorised disclosures) apply in relation
to bulk interception warrants as they apply in relation to targeted interception
warrants, but as if the reference in section 50(2)(c) to a requirement for
disclosure imposed by virtue of section 34(5) were a reference to such a
40requirement imposed by virtue of section 131(4).

Interpretation

137 Chapter 1: interpretation

(1) In this Chapter—

Investigatory Powers BillPage 109

• “intercepted content”, in relation to a bulk interception warrant, means
  any content of communications intercepted by an interception
  authorised or required by the warrant;

• “overseas-related communications” has the meaning given by section 119;

• 5“secondary data” has the meaning given by section 120, and references to
  obtaining secondary data from a communication are to be read in
  accordance with that section;

• “senior official” means a member of the Senior Civil Service or a member
  of the Senior Management Structure of Her Majesty’s Diplomatic
  10Service;

• “the specified operational purposes” has the meaning given by section
  125(6).

(2) See also—

• section 223 (telecommunications definitions),

• 15section 225 (general definitions),

• section 226 (index of defined expressions).

CHAPTER 2 Bulk acquisition warrants

Bulk acquisition warrants

138 Power to issue bulk acquisition warrants

(1) 20The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a bulk acquisition warrant if—

(a) the Secretary of State considers that the warrant is necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within
25subsection (2),

(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) the Secretary of State considers that—

(i) 30each of the specified operational purposes (see section 141) is a
purpose for which the examination of communications data
obtained under the warrant is or may be necessary, and

(ii) the examination of such data for each such purpose is necessary
on any of the grounds on which the Secretary of State considers
35the warrant to be necessary,

(d) the Secretary of State considers that satisfactory arrangements made for
the purposes of section 150 (general safeguards) are in force in relation
to the warrant, and

(e) the decision to issue the warrant has been approved by a Judicial
40Commissioner.

For the meaning of “head of an intelligence service”, see section 225.

(2) A warrant is necessary on grounds falling within this subsection if it is
necessary—

(a) for the purpose of preventing or detecting serious crime, or