Part 7: Bulk personal dataset warrants Section 205: Specific BPD warrants
This section explains how the specific BPD warrant authorisation process works. The Act provides for two cases in which an intelligence service may seek a specific BPD warrant. These are set out in subsections (2) and (3). A specific BPD warrant would cover a specific dataset rather than a class of datasets.
	Subsection (2) describes the first case where a specific BPD warrant may be applied for. This is where the dataset does not fall within a class described by an existing class BPD warrant. An example of this could be if it is a new or novel type of dataset.
	Subsection (3) describes the second case where a specific BPD warrant may be applied for. This is when a dataset falls within a class BPD warrant, but either section 202 prevents the intelligence service from relying on a BPD class warrant or, for any reason, the service believes that it would be appropriate to seek a specific BPD warrant.
	The information that must be included in the application is set out in subsection (4) – a description of the specific dataset and the operational purposes for which the dataset is to be examined. Where a specific BPD warrant is sought because the section 202 restrictions on the use of class BPD warrants apply, then the application must include an explanation of why that section applies.
	Subsection (6) describes the conditions which must be met before a specific BPD warrant can be issued by the Secretary of State. They are the same as for a class BPD warrant: the Secretary of State can issue a specific warrant if he or she believes that it is necessary for specified purposes and proportionate, and that adequate handling arrangements (protective security measures, for example) are in place. The Secretary of State must also consider that each operational purpose specified in the warrant is one for which the examination of the bulk personal dataset to which the application relates is or may be necessary, and that the examination of the dataset for such an operational purpose is necessary for the statutory purposes set out in subsection (5)(a). In addition, except in urgent cases (on which see section 209), a Judicial Commissioner must have approved the Secretary of State’s decision to issue a warrant before the warrant can be issued.
	Subsection (7) makes clear that the fact that the information that would be retained or retained and examined under the warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary on the grounds on which warrants may be issued by the Secretary of State.
	Subsection (8) provides that a warrant can authorise the use of a replacement dataset. This is intended to allow updated versions of the authorised dataset to be retained and used without the need for a separate warrant. For example, a dataset may be updated on a weekly or monthly basis, and in those circumstances the necessity and proportionality case and operational purposes for which the dataset may be examined may be unchanged. Subsection (8) allows the agencies to retain and examine this updated data under the existing authorisation and without the need for a new specific BPD warrant.