194 Additional safeguards for items subject to legal privilege
Investigatory Powers Act 2016 (2016 c 25) | Legislation

194  Additional safeguards for items subject to legal privilege

(1)     Subsection (2) applies if, in a case where protected material obtained under a bulk equipment interference warrant is to be selected for examination—

(a)     the selection of the material for examination meets any of the selection conditions in section 193(3)(a) to (c), and

(b)     either—

(i)     the purpose, or one of the purposes, of using the criteria to be used for the selection of the material for examination (“the relevant criteria”) is to identify any items subject to legal privilege, or

(ii)     the use of the relevant criteria is likely to identify such items.

(2)     The material may be selected for examination using the relevant criteria only if a senior official acting on behalf of the Secretary of State has approved the use of those criteria.

(3)     In deciding whether to give an approval under subsection (2) in a case where subsection (1)(b)(i) applies, a senior official must have regard to the public interest in the confidentiality of items subject to legal privilege.

(4)     A senior official may give an approval under subsection (2) only if—

(a)     the official considers that the arrangements made for the purposes of section 191

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