Part 6: Bulk warrants Chapter 2: Bulk acquisition warrants Section 159: Approval of warrants by Judicial Commissioners
This section sets out the test that a Judicial Commissioner must apply when considering whether to approve a decision to issue a bulk acquisition warrant. He or she must review the conclusions the Secretary of State came to regarding the necessity and proportionality of the warrant. The Judicial Commissioner must also review the Secretary of State’s conclusions as to the necessity of the operational purposes specified on the warrant.
	In determining these matters the Judicial Commissioner must apply the same principles that a court would apply on an application for judicial review. The Judicial Commissioner must review the Secretary of State’s conclusions with sufficient care to comply with the general privacy duties set out in section 2 of the Act.
	Where a Judicial Commissioner refuses to approve a warrant, subsection (3) makes clear that the Commissioner must set out written reasons for the refusal. This may allow the agency requesting the warrant to reconsider their application and what action they are seeking to take in order to meet any concerns expressed by the Judicial Commissioner.
	Subsection (4) makes clear that the Secretary of State may ask the Investigatory Powers Commissioner to reconsider an application that a Judicial Commissioner has refused. Should the Investigatory Powers Commissioner also refuse to approve the warrant then there is no right of appeal and the warrant cannot be issued.