Data Codes of Practice 2007 and 2015 to its access to Bulk Communications
Data obtained under Section 94 of the Telecommunications Act 1984:
(b) GCHQ has throughout the periods under consideration as a matter of
policy applied the appropriate safeguards set out in the Interception of
Communications Code of Practice 2002 and, subsequently, the Interception of
Communications Code of Practice 2016, to all operational data, including
BCD obtained under s.94 directions.
The SSA and ISA
Security Service functions
4. By s.1(2) to (4) of the Security Service Act 1989 (“SSA”), the functions of the
Security Service are the following:
“the protection of national security and, in particular, its protection against
threats from:
espionage, terrorism and sabotage, from the activities of agents of foreign
powers and from actions intended to overthrow or undermine parliamentary
democracy by political, industrial or violent means.”
“to safeguard the economic well-being of the United Kingdom against threats
posed by the actions or intentions of persons outside the British Islands.”
“to act in support of the activities of police forces, the National Crime Agency
and other law enforcement agencies in the prevention and detection of serious
crime.”
5. The Security Service’s operations are under the control of a Director-General
who is appointed by the Secretary of State (s.2(1)). By s.2(2)(a) it is the
Director-General’s duty to ensure:
“…that there are arrangements for securing that no information is obtained
by the Service except so far as necessary for the proper discharge of its
functions or disclosed by it except so far as necessary for that purpose or for
the purpose of the prevention or detection of serious crime or for the purpose
of any criminal proceedings;…”
GCHQ functions
6. By s. 3(1)(a) of the ISA, the functions of GCHQ include the following:
“... to monitor or interfere with electromagnetic, acoustic and other emissions
and any equipment producing such emissions and to obtain and provide
information derived from or related to such emissions or equipment and from
encrypted material ....”
7. By s. 3(2) of the ISA, these functions are only exercisable:
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