Part 1: Bulk Personal Datasets Third party bulk personal datasets New section 226IC of the IPA 2016: Additional safeguards for items subject to legal privilege: retention following examination
This section explains the process that must be followed if an intelligence service examines legally privileged material in a 3PD and retains it (otherwise than under a warrant issued under Part 7 of the IPA 2016).
	The intelligence service must inform the IPC as soon as reasonably practicable after retaining the item. The IPC then has certain powers, including to direct that the item must be destroyed or to impose conditions as to its retention or use.
	If the IPC considers that the (a) the public interest retaining the item outweighs the public interest in confidentiality of items subject to legal privilege, and (b) retaining the item is necessary in the interests of national security or for the purpose of preventing death or significant injury (see subsection (5)), then the intelligence service may continue to retain the item, subject to such conditions as the IPC may impose (see subsection (4)).
	If the IPC does not agree that the item may be retained, then he or she must direct either that the item be destroyed or that it be subject to one or more conditions as to its use or retention. In deciding whether to require destruction or impose conditions, the IPC may require an affected party (either the Secretary of State or the intelligence service the 3PD warrant was addressed) to make representation and must have regard to any such representations made.