Warrants that may be issued under this Chapter

Part of Investigatory Powers Bill – in a Public Bill Committee at 10:45 am on 12th April 2016.

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Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office) 10:45 am, 12th April 2016

I rise to speak to amendments 57, 59 and 60. Amendment 57 deals with secondary data; amendments 59 and 60 deal with place and whether someone is in the British Isles. I apologise, Ms Dorries: the provision and the amendment are complicated. With your permission I will take some time to set the context so that the amendment can be understood.

Clause 13 deals with warrants. Subsection (1) deals with targeted interception warrants, targeted examination warrants and mutual assistance warrants. Subsection (2) states:

“A targeted interception warrant is a warrant which authorises or requires the person to whom it is addressed to secure, by any conduct described in the warrant, any one or more of the following”,

and paragraph (a) deals with the interception of communications. That is content; paragraph (b) deals with secondary data from the communication; and paragraph (c) deals with disclosure. For targeted warrants under clause 13 there are specific provisions in relation to the content, secondary data and disclosure.

Secondary data for these purposes is further defined in clause 14, subsection (5) of which states:

“The data falling within this subsection is systems data which is comprised in, included as part of, attached to or logically associated with the communication”,

so it has an integral link to the communication and thus to the content.

Order. Mr Starmer, if you could keep your comments to clause 13 with just passing reference to clause 14 and further clauses, that would be great.