Part 5: Equipment interference Section 131: Additional safeguards for items subject to legal privilege
This section sets out the safeguards which apply when an item subject to legal privilege is retained for purposes other than its destruction. The Investigatory Powers Commissioner must be informed as soon as is reasonably practicable. The Commissioner has the power to order that the item subject to legal privilege is destroyed, or to impose conditions as to the use or retention of the material.
	The Investigatory Powers Commissioner must consider that the public interest in retaining the items outweighs the public interest in the confidentiality of items subject to privilege, and that retaining the item is necessary in the interests of national security or for the purpose of preventing death or significant injury. If that test is not met, the Commissioner must exercise the power to order destructions or impose conditions. Even if the test is met, the Investigatory Powers Commissioner may still impose any conditions the Commissioner thinks necessary to protect the public interest in the confidentiality of items subject to privilege.
	Subsections (4) and (5) provide that the Commissioner may require the person who issued the warrant and the person to whom the warrant is addressed to make representations to the Commissioner about the retention of items or the conditions that might be imposed and provides that the Commissioner must have regard to those representations, and any representation which those person choose to make, if not required to do so.