[226IB Additional safeguards for items subject to legal privilege: examination]
Investigatory Powers Act 2016 (2016 c 25) | Legislation

[226IB  Additional safeguards for items subject to legal privilege: examination]

[(1)     Subsections (2) and (3) apply if, in a case where protected data contained in a third party bulk personal dataset is to be examined in reliance on a third party BPD warrant—

(a)     the purpose, or one of the purposes, of using the criteria to be used for the examination of the data (“the relevant criteria”) is to identify any items subject to legal privilege, or

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

(2)     If the relevant criteria are referable to an individual known to be in the British Islands at the time of the examination, the data may be examined using the relevant criteria only if the Secretary of State has approved the use of those criteria.

(3)     In any other case, the data may be examined using the relevant criteria only if a senior official acting on behalf of the Secretary of State has approved the use of those criteria.

(4)     The Secretary of State may give approval

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