Part 5: Equipment interference Section 112: Items subject to legal privilege
This section sets out the safeguards which apply to targeted equipment interference or selection for examination of legally privileged material authorised under this Chapter. Further detail is provided in the Equipment Interference Code of Practice.
	Where the purpose, or one of the purposes, of a warrant is to obtain items subject to legal privilege the warrant application must make that clear. The person issuing the warrant must consider the public interest in the confidentiality of items subject to privilege. That person must be satisfied that there are exceptional and compelling circumstances which make the acquisition or selection for examination of these items necessary, and that there are specific arrangements in place for how these items will be handled, retained, used and destroyed. Subsection (5) provides that a warrant for the purpose of protecting the interests of the economic well-being of the UK so far as those interests are also relevant to national security cannot be issued with the purpose of targeting legally privileged material. Subsection (6) provides further detail on what may constitute exceptional and compelling circumstances.
	Where an agency applies for a targeted equipment interference warrant and believes that it is likely that they will obtain items subject to legal privilege, this must be made clear in the warrant application, including an assessment of the likelihood of obtaining such items. The person authorising the warrant may do so only if they are satisfied that there are specific arrangements in place for how such items would be handled, retained, used and destroyed. If the agency wishes to retain the items they have acquired, the Investigatory Powers Commissioner must be informed as soon as possible.
	Subsections (11) to (13) set out the safeguards which apply when the purpose of a targeted equipment interference or examination warrant is to acquire or select for examination items that, if they were not made with the intention of furthering a criminal purpose, would be items subject to privilege. They provide that in those circumstances the warrant application must set out the reasons for believing the communications or items of information are likely to be made, created or held with the intention of furthering a criminal purpose, and the person authorising the warrant may only do so if they consider that the communications or items of information are likely to be made, created or held with the intention of furthering a criminal purpose.