(b) in the interests of the economic well-being of the United Kingdom in
relation to the actions or intentions of persons outside the British Islands; or
(c) in support of the prevention or detection of serious crime.”
10. GCHQ’s operations are under the control of a Director, who is appointed by
the Secretary of State (s. 4(1)). By s. 4(2)(a), it is the duty of the Director to
ensure:
“... that there are arrangements for securing that no information is obtained
by GCHQ 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 for that
purpose or for the purpose of any criminal proceedings ...”
11. The functions of each of the Intelligence Services, and the purposes for which
those functions may properly be exercised, are thus prescribed by statute. In
addition, the duty-conferring provisions in section 2(2)(a) of the SSA and
sections 2(2)(a) and 4(2)(a) of the ISA, otherwise known as “the information
gateway provisions”, place specific statutory limits on the information that
each of the Intelligence Services can obtain and disclose. These statutory
limits apply to the obtaining and disclosing of information from or to other
persons both in the United Kingdom and abroad.
Counter-Terrorism Act 2008
12. By s.19 (1) of the Counter-Terrorism Act 2008 (“CTA”) “A person may
disclose information to any of the intelligence services for the purposes of the
exercise by that service of any of its functions.”
13. By s. 19(2) of the CTA:
“Information obtained by any of the intelligence services in connection with
the exercise of any of its functions may be used by that service in connection
with the exercise of any of its other functions.”
14. By s.19 (3) to (5) of the CTA, information obtained by the Intelligence
Services for the purposes of any of their functions may:
(a) In the case of the Security Service “be disclosed by it – (a) for the purpose
of the proper discharge of its functions, (b) for the purpose of the prevention
or detection of serious crime, or (c) for the purpose of any criminal
proceedings.” (s.19(3))
(b) In the case of SIS “be disclosed by it – (a) for the purpose of the proper
discharge of its functions, (b) in the interests of national security, (c) for the
purpose of the prevention or detection of serious crime, or (d) for the purpose
of any criminal proceedings.” (s.19(4))
(c) In the case of GCHQ “be disclosed by it - (a) for the purpose of the proper
discharge of its functions, or (b) for the purpose of any criminal proceedings.”
(s.19(5))
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