Part 7: Bulk personal dataset warrants Section 225: Application of Part to bulk personal datasets obtained under this Act
This section relates to bulk personal datasets obtained by an intelligence service using a capability for which a warrant or other authorisation was issued or given under the Act, other than a bulk acquisition warrant under Part 6 of this Act. The general rule is that Part 7 of the Act does not apply to bulk personal datasets acquired pursuant to such a warrant or authorisation, as a result of the exception set out in section 201(1). Instead, any provisions from the regime governing the original acquisition (‘the original acquisition regime’) that are relevant to the bulk personal dataset will apply. However, under this section the intelligence service can apply to the Secretary of State for a direction which has the effect of applying the Part 7 regime to the bulk personal dataset, thereby displacing the exception in 201(1).
	The direction will allow: the intelligence service to retain and examine the bulk personal dataset under the Part 7 regime; that any other power to do so ceases to apply; and that any associated regulatory provision (as defined in subsection (14)) arising by virtue of the original acquisition regime will cease to apply (subsection (3)). In most cases, the expectation is that the regulatory provisions applicable under the acquiring regime will be disapplied in full. However, subsection (5) specifies that if appropriate, the direction may provide for the continued application of specified associated regulatory provisions in their original or modified form. Subsection (6) makes clear that in the case of a bulk personal dataset obtained by interception which identifies itself as the product of interception, such a direction may not disapply the provisions in section 56 of and Schedule 3 to the Act, which prevent such material from being disclosed in legal proceedings or Inquiries Act proceedings. Subsection (6) also makes clear that a direction may not disapply sections 57 or 59 of the Act. These sections together mean that it is an offence to make unauthorised disclosure of the existence of an intercept warrant or any intercepted material. This ensures that the prohibition on disclosure of intercept material could never be disapplied by the Secretary of State.
	Such a direction can only be given with the approval of a Judicial Commissioner (subsection (7)). The effect of such a direction will be that a Part 7 warrant is required to retain and examine the bulk personal dataset, and subsection (13) allows the intelligence service to apply for, and the Secretary of State to issue, a specific BPD warrant at the same time as the direction. A specific BPD warrant will be required where retention and examination is not authorised under a class BPD warrant.
	A Judicial Commissioner must apply judicial review principles when deciding whether to approve a decision by the Secretary of State to give such a direction (subsection (8)). Where a Judicial Commissioner refuses to approve such a decision, he or she must give written reasons for this (subsection (9)). If a Judicial Commissioner other than the Investigatory Powers Commissioner does not approve such a decision, the Secretary of State can ask the Investigatory Powers Commissioner to decide whether to approve the decision (subsection (10)). Subsection (7) states that a direction may be varied to allow the alteration or removal of any provisions included in the direction under subsection (5). Subsections (7) to (10) apply to such a variation.