Part 7: Bulk personal dataset warrants Section 219: Non-renewal or cancellation of BPD warrants
This section sets out the process if a class or specific BPD warrant is not renewed or is cancelled and in particular what must be done with the material that was retained under that warrant. The material may be destroyed – section 201(2) ensures retention or examination of the material for the purpose of destroying the material is lawful. But depending on the reasons why the warrant has been cancelled or not renewed, the relevant intelligence service may consider it necessary and proportionate to retain some or all of the material that had been retained under the authority of that warrant. Section 219 therefore includes bridging provisions to ensure any retention and examination of the material in question is lawful pending any authorisation via a new warrant. Subsection (2) specifies that, within five days of the cancellation or non-renewal, the intelligence service can either apply for a new specific or class BPD warrant to cover the whole, or part, of the material covered under the previous warrant or, if further consideration is needed as to whether to apply for a new warrant, can apply to the Secretary of State for a bridging authorisation to retain or retain and examine all or part of this dataset while this is decided.
	Subsection (3) specifies that the Secretary of State can direct that any of the material should be destroyed or, with the approval of the Judicial Commissioner, can authorise the retention or examination of any of the material for up to three months. This may be the case if, for example, the Secretary of State no longer believes that an entire class of bulk personal dataset should be retained, but that it is necessary and proportionate to retain a subset or subsets of that material. Subsection (4) specifies that in deciding whether to approve the Secretary of State’s decision, a Judicial Commissioner must apply judicial review principles, and must take sufficient care to ensure that the Commissioner complies with the requirements of section 2 of the Act (general duties in relation to privacy).
	If the Judicial Commissioner does not approve a decision to authorise the continued retention or examination of any of the material, he or she must give the Secretary of State written reasons for this (subsection (5)). Subsection (6) provides that if a Judicial Commissioner other than the Investigatory Powers Commissioner does not approve such a decision, the Secretary of State can ask the Investigatory Powers Commissioner to decide whether to approve the decision.
	Subsection (7) states that the intelligence service must apply for the fresh specific or class BPD warrant as soon as reasonably practicable and before the end of the period specified by the Secretary of State if it decides to apply for such a warrant. Subsection (8) sets out the time limits in relation to this section, and provides that if those time limits are adhered to then the retention and examination of the data throughout the process remains lawful.