simply not be possible if we did not hold the bulk data in the first
place. Using travel data, for example, to try and establish the travel
history of a particular individual will necessarily involve holding, and
searching across a range of, BPD and other data that we hold, and it
is through fusing these that we are able to resolve leads and identify
particular individuals, with high reliability, at pace and with minimum
intrusion.
47) Holding the data in bulk (and holding data relating to persons not
of intelligence interest) is an inevitable and necessary prerequisite to
being able to use these types of dataset to make the right connections
between disparate pieces of information. Without the haystack one
cannot find the needle; and the same result cannot be achieved
(without fusion/combination) through carrying out a series of
individual searches or queries of a particular dataset (or a number of
datasets).
48) It is also relevant to note that as BPD's are searched electronically
there was inevitably significantly less intrusion into individuals'
privacy, as any data which has not produced a "hit" will not be viewed
by the human operator of the system, but only searched electronically
8
Included in BPD there will be information obtained as a result of the lawful
operations of the SIAs themselves, pursuant to interception in accordance with
s.8 (4) of RIPA (considered by this Tribunal in Liberty/Privacy (No. 1)
[2015] 3 All ER 142) and from Computer Network Exploitation (“CNE”)
(considered by this Tribunal in Privacy International and Greennet Limited
v. Secretary of State for Foreign and Commonwealth Affairs
("Greennet") [2016] UKIP Trib 14_85-CH).
BCD
9
The issue as to BCD arises out of directions to PECNs given by the Home and
Foreign Secretaries pursuant to s.94 for the provision of communications data.
S.94 reads in material part - as amended in 2003, and we leave the original in
square brackets:"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
[requisite or expedient] 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 [requisite or
expedient] 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 the section
applies, give to that person a direction requiring him (according to the
6