Part 7: Bulk personal dataset warrants Section 223: Additional safeguards for items subject to legal privilege: retention following examination
This section explains the process that must be followed if an item subject to legal privilege is to be retained following examination. If an item is to be retained for purposes other than destruction, the Investigatory Powers Commissioner must be informed as soon as is reasonably practicable. Unless (i) the public interest in retaining the item outweighs the public interest in the confidentiality of items subject to legal privilege and (ii) retaining the item is necessary in the interests of national security or for the purpose of preventing death or significant injury, the Commissioner must direct that the item is destroyed or impose conditions as to the use or retention of that item. Even if criteria (i) and (ii) are met, the Commissioner can impose conditions he or she thinks are necessary to protect the public interest in the confidentiality of items subject to legal privilege. The Commissioner may require representations from the Secretary of State or the person to whom the warrant is addressed about the exercise of the Commissioner’s functions to direct the destruction of the item or impose conditions on its use or retention, and must have regard to any representations received.