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Change 1
As published
206 Additional safeguards for health records
(1) Subsections (2) and (3) apply if—
(a) an application is made by or on behalf of the head of an intelligence service for the issue of a specific BPD warrant, and
(b) the purpose, or one of the purposes, of the warrant is to authorise the retention, or the retention and examination, of health records.
(2) The application must contain a statement that the purpose, or one of the purposes, of the warrant is to authorise the retention, or the retention and examination, of health records.
(3) The Secretary of State may issue the warrant only if the Secretary of State considers that there are exceptional and compelling circumstances that make it necessary to authorise the retention, or the retention and examination, of health records.
(4) Subsection (5) applies if—
(a) an application is made by or on behalf of the head of an intelligence service for a specific BPD warrant,
(b) the head of the intelligence service , or a person acting on their behalf, considers that the bulk personal dataset includes, or is likely to include, health records, and
(c) subsections (2) and (3) do not apply.
(5) The application must contain either—
(a) a statement that the head of the intelligence service , or a person acting on their behalf, considers that the bulk personal dataset includes health records, or
(b) a statement that the head of the intelligence service , or a person acting on their behalf, considers that it is likely that the bulk personal dataset includes health records and an assessment of how likely this is.
(6) In this section, “health record” means a record, or a copy of a record, which—
(a) consists of information relating to the physical or mental health or condition of an individual,
(b) was made by or on behalf of a health professional in connection with the care of that individual, and
(c) was obtained by the intelligence service from a health professional or a health service body or from a person acting on behalf of a health professional or a health service body in relation to the record or the copy.
(7) In subsection (6)—
“health professional” has the same meaning as in the Data Protection Act 2018 (see section 204(1) of that Act);
“health service body” has meaning given by section 204(4) of that Act.
(8) For the purposes of subsections (4)(b) and (5), only a person holding office under the Crown may act on behalf of the head of an intelligence service.
Your change, as a redline
206 Additional safeguards for health records
(1) Subsections (2) and (3) apply if—
(a) an application is made by or on behalf of the head of an intelligence service for the issue of a specific BPD warrant, and
(b) the purpose, or one of the purposes, of the warrant is to authorise the retention, or the retention and examination, of health records.
(2) The application must contain a statement that the purpose, or one of the purposes, of the warrant is to authorise the retention, or the retention and examination, of health records.
(3) The Secretary of State may issue the warrant only if the Secretary of State considers that there are exceptional and compelling circumstances that make it necessary to authorise the retention, or the retention and examination, of health records.
(4) Subsection (5) applies if—
(a) an application is made by or on behalf of the head of an intelligence service for a specific BPD warrant,
(b) the head of the intelligence service , or a person acting on their behalf, considers that the bulk personal dataset includes, or is likely to include, health records, and
(c) subsections (2) and (3) do not apply.
(5) The application must contain either—
(a) a statement that the head of the intelligence service , or a person acting on their behalf, considers that the bulk personal dataset includes health records, or
(b) a statement that the head of the intelligence service , or a person acting on their behalf, considers that it is likely that the bulk personal dataset includes health records and an assessment of how likely this is.
(6) In this section, “health record” means a record, or a copy of a record, which—
(a) consists of information relating to the physical or mental health or condition of an individual,
(b) was made by or on behalf of a health professional in connection with the care of that individual, and
(c) was obtained by the intelligence service from a health professional or a health service body or from a person acting on behalf of a health professional or a health service body in relation to the record or the copy.
(7) In subsection (6)—
“health professional” has the same meaning as in the Data Protection Act 2018 (see section 204(1) of that Act);
“health service body” has meaning given by section 204(4) of that Act.
(8) For the purposes of subsections (4)(b) and (5), only a person holding office under the Crown may act on behalf of the head of an intelligence service.
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