Section 200 Requirement for authorisation ...: generalF5

I1(1)

An intelligence service may not exercise a power to retain a bulk personal dataset unless the retention of the dataset is authorised

F1(a)

by a warrant under this Part F2, or

(b)

by an individual authorisation under Part 7A (low or no reasonable expectation of privacy) (see section 226B).

(2)

An intelligence service may not exercise a power to examine a bulk personal dataset retained by it unless the examination is authorised

F3(a)

by a warrant under this Part F4, or

(b)

by an individual authorisation under Part 7A.

I2(3)

For the purposes of this Part, there are two kinds of warrant—

(a)

a warrant, referred to in this Part as “a class BPD warrant”, authorising an intelligence service to retain, or to retain and examine, any bulk personal dataset of a class described in the warrant;

(b)

a warrant, referred to in this Part as “a specific BPD warrant”, authorising an intelligence service to retain, or to retain and examine, any bulk personal dataset described in the warrant.

(4)

Section 201 sets out exceptions to the restrictions imposed by subsections (1) and (2) of this section.

Annotations

Textual amendments

F1: Words in s. 200(1) renumbered as s. 200(1)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(a)(i), 32(2); S.I. 2024/1021, reg. 2(a)
F2: S. 200(1)(b) and word inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(a)(ii), 32(2); S.I. 2024/1021, reg. 2(a)
F3: Words in s. 200(2) renumbered as s. 200(2)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(b)(i), 32(2); S.I. 2024/1021, reg. 2(a)
F4: S. 200(2)(b) and word inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(b)(ii), 32(2); S.I. 2024/1021, reg. 2(a)
F5: Words in s. 200 heading omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(c), 32(2); S.I. 2024/1021, reg. 2(a)

Commencement

I1: S. 200(1)(2)(4) in force at 22.8.2018 by S.I. 2018/873, reg. 3(c)
I2: S. 200(3) in force at 25.7.2018 by S.I. 2018/873, reg. 2(j) (with reg. 8)

Notes on Requirement for authorisation

Textual amendments

F1: Word in s. 200 cross-heading substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(3), 32(2); S.I. 2024/1021, reg. 2(a)