102
IPCO Annual Report 2017
• 2 were the result of the applicant acquiring communications data for an incorrect date
or time period;
• 3 were ‘non-MI5 errors’
• 6 were caused by excess data being acquired which fell outside the scope of the
authorisation; and
• 1 was caused by undertaking conduct which was not compliant with MI5’s handling
arrangements.
14.68
As previously stated, GCHQ, in the main, merges the bulk communications data with other
datasets containing communications data.66 GCHQ have a mechanism for reporting errors to
the IPC, but they cannot easily differentiate the source from which the data is derived without
compounding any potential intrusion (for example, by rerunning the erroneous query). No
errors have been reported to the IPC that relate to data obtained under a s.94 direction.
Oversight of the powers covered by the Intelligence Services Commissioner
Summary of errors in relation to powers formerly overseen by the Intelligence
Services Commissioner
14.69
There were 40 errors reported in relation to powers formerly overseen by the Intelligence
Services Commissioner during 2017. There were 38 errors in the previous year. Although
the total number of errors is slightly up on the previous year, the error rate across the
intelligence agencies remains low in relation to the total number of authorisations and
renewals obtained during the year. The majority were the result of human error and
there is no evidence of deliberate or systematic attempts to circumvent safeguards. We
are satisfied that the intelligence agencies have taken or are taking appropriate action
to mitigate recurrence of these errors. It should be noted that MI5 obtain a considerably
larger number of warrants and authorisations than the other intelligence agencies and
that their error rate is low as a proportion of authorisations.
Fig.18 T his graph shows the number of errors reported by agency and warrant
issuing department.
GCHQ
SIS
MI5
MOD
Home Office
FCO
NIO
0
5
10
15
20
25
30
66 See section 20 of the Regulation of Investigatory Powers Act 2000 for definition of ‘related communications data’
http://www.legislation.gov.uk/ukpga/2000/23/section/20