“…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;…”
SIS functions
5. By s.1 (1) of the ISA, the functions of SIS are:
“(a) to obtain and provide information relating to the actions or intentions of
persons outside the British Islands; and
(b) to perform other tasks relating to the actions or intentions of such
persons.”
6. By s.1 (2) those functions are “exercisable only“(a) in the interests of national security, with particular reference to the
defence and foreign polices of Her Majesty’s Government in the United
Kingdom; or
(b) in the interests of the economic well-being of the United Kingdom; or
(c) in support of the prevention or detection of serious crime.”
7. SIS’s operations are under the control of a Chief, who is appointed by the
Secretary of State (s.2 (1)). The Chief of SIS has a duty under s.2(2)(a) of the
ISA to ensure:
“(a) that there are arrangements for securing that no information is obtained
by the Intelligence Service except so far as necessary for the proper discharge
of its functions and that no information is disclosed by it except so far as
necessary(i) for that purpose;
(ii) in the interests of national security;
(iii) for the purpose of the prevention or detection of serious crime; or
(iv) for the purpose of any criminal proceedings;”
GCHQ functions
8. 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 ....”
9. By s. 3(2) of the ISA, these functions are only exercisable:
“(a) in the interests of national security, with particular reference to the
defence and foreign policies of Her Majesty’s Government in the United
Kingdom; or 3
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