Part 7: Bulk personal dataset warrants Section 222: Additional safeguards for items subject to legal privilege: examination
This section outlines additional safeguards where protected data retained under a specific BPD warrant is to be selected for examination, and the purpose or one of the purposes of using the criteria used for selection (‘the relevant criteria’) is to identify items subject to legal privilege or the use of the relevant criteria is likely to identify such items. If the relevant criteria are referable to an individual known to be in the British Islands at the time of selection, the data may only be selected for examination if the Secretary of State has approved those criteria, with the approval of a Judicial Commissioner. Subsection (3) states that in any other case the approval for the criteria may come from a senior official acting on behalf of the Secretary of State.
	Subsections (5) and (6) specify that approval may only be given if there are specific handling arrangements in place for items subject to legal privilege, there are exceptional and compelling circumstances making it necessary to authorise the use of the relevant criteria, and the approver has regard to the public interest in the confidentiality of items subject to legal privilege. Subsection (7) states that there cannot be exceptional and compelling circumstances unless the public interest in obtaining the information outweighs the public interest in the confidentiality of the items subject to legal privilege, there are no other means by which the information may reasonably be obtained, and obtaining the information is necessary in the interests of national security or for the purpose of preventing death or significant injury.
	Subsection (8) explains the process by which a Judicial Commissioner will consider whether to approve the Secretary of State’s decision to issue the warrant. It is consistent with the role of Judicial Commissioners in the rest of the Act. Subsections (9) to (13) outline the procedure if protected data is to be selected for examination for the purpose of identifying data that, if the data or any underlying material were not created or held with the intention of furthering a criminal purpose, would otherwise be subject to legal privilege.