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

222  Additional safeguards for items subject to legal privilege: examination

(1)     Subsections (2) and (3) apply if, in a case where protected data retained in reliance on a specific BPD warrant is to be selected for examination—

(a)     the purpose, or one of the purposes, of using the criteria to be used for the selection of the data for examination (“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 selection, the data may be selected for examination 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 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.

(4)     The Secretary of State may give approval for the purposes of subsection

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