circumstances of the case) to do, or not to do, a particular thing
specified in the direction.
10
In the April Response, the Respondents gave the following account in relation
to BCD:"7) Both GCHQ and ... MI5 acquire Bulk Communications Data
pursuant to directions made under s.94 of the 1984 Act. For the
avoidance of doubt, [MI6] do not do so.
GCHQ
8) [In 1998 and then regularly] since 2001, GCHQ has sought and
obtained from successive Foreign Secretaries a number of s.94
directions relating to the ongoing provision of various forms of bulk
communications data. In keeping with GCHQ's external intelligence
mission, the datasets received under these directions are
predominantly foreign-focussed, and the data acquired is accordingly
in most cases only a fraction of that possessed by the [PECN's].
9) The data involved is held by GCHQ and ingested into their broader
data holdings, where it is merged with communications data
intercepted under the authority of external warrants issued in
accordance with s.8(4) of RIPA. The s.94 data represents a more
reliable and comprehensive feed of particular types of communication
data than may usually be obtained from interception. The intelligence
value of the s.94 data is derived from the merger with GCHQ's wider
datasets, thus enriching the results of analytic queries made on those
systems.
10) Such analysis of bulk communications data is vital for identifying
and developing intelligence targets. Approximately 5 per cent of
GCHQ's original intelligence reporting is based wholly or partly on
s.94 data.
MI5
11) Since 2005 successive Home Secretaries have issued and/or
decided to maintain directions under s.94 of the 1984 Act requiring a
number of [PECN's] to provide MI5 with ... communications data in
the interests of national security. The data obtained is aggregated in a
database. Successive Home Secretaries have agreed that they would
keep these arrangements under review at six-monthly intervals. The
review process involves a detailed submission being made to the Home
Office by MI5, setting out the ongoing case for the database, including
specific examples of its usefulness in the intervening period and setting
out any errors in the use of the database, which have occurred in that
time. The Home Secretary considers the submission with the advice
and assistance of Senior Home Office officials.
12) The communications data provided by the [PECNs] under the s.94
directions is limited to “traffic data” and “Service Use Information”.
7