(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).”
14. Furthermore:
(a) s.19 does not affect the duties imposed by the information gateway
provisions (s.19 (7) and s.20 (1) of the CTA).
(b) by s.20 (2) of the CTA, nothing in s.19 “authorises a disclosure that(a) contravenes the Data Protection Act 1998 (c.29), or
(b) is prohibited by Part 1 of the Regulations of Investigatory Powers Act 2000
(c.23).”
15. Thus, specific statutory limits are imposed on the information that the
Intelligence Services can obtain, and on the information that it can disclose
under the CTA.
Section 94 of the Telecommunications Act 1984
16. S.94 of the Telecommunications Act 1984 (“TA”) provides:
“94.- Directions in the interests of national security etc.
(1) The Secretary of State may, after consultation with a person to whom this
section applies, give to that person such directions of a general character as
appear to the Secretary of State to:
be necessary in the interests of national security or relations with the
government of a country or territory outside the United Kingdom.
(2) If it appears to the Secretary of State to be necessary to do so in the
interests of national security or relations with the government of a country or
territory outside the United Kingdom, he may, after consultation with a person
to whom this section applies, give to that person a direction requiring him
(according to the circumstances of the case) to do, or not to do, a particular
thing specified in the direction.
(2A) The Secretary of State shall not give a direction under subsection (1) or
(2) unless he believes that the conduct required by the direction is
proportionate to what is sought to be achieved by that conduct.
(3) A person to whom this section applies shall give effect to any direction
given to him by the Secretary of State under this section notwithstanding any
other duty imposed on him by or under Part 1 or Chapter 1 of Part 2 of the
Communications Act 2003 and, in the case of a direction to a provider of a
40