64
IPCO Annual Report 2017
9.19
On 4 November 2015, the Home Secretary publicly avowed the powers to acquire bulk
communications data in a statement to the House of Commons concerning the then draft
Investigatory Powers Bill.52
9.20
IPCO has overseen acquisition of bulk communications data under the s.94 regime through
on-site inspections. We undertook five BCD inspections in 2017.
9.21
During our inspections in both MI5 and GCHQ we have examined all extant s.94 directions
and the supporting documentation.
9.22
Our inspections focus on:
• the application procedures relating to s.94 directions, including how the agency dealt
with necessity and proportionality;
• the administrative process for the operation of the directions;
• the procedures for reviewing, modifying and cancelling s.94 directions; and
• the activity carried out pursuant to the directions.
9.23
We also examine the procedures in place to access the data. The inspectors interview
those in charge of intelligence operations, senior managers authorising access, analysts
in operational teams and those who manage and carry out audits of the access.
Findings
Quality of submissions, directions to CSPs and reviews
9.24
During our inspections in both MI5 and GCHQ, we concluded:
• the submissions to the Secretary of State from MI5 and GCHQ, respectively, were highly
detailed, made explicit why the acquisition, retention, access to and analysis of BCD was
required in the interests of national security, and set out the intelligence requirements
they were seeking to address;
• the submissions included extensive detail as to how the BCD would address operational
requirements, the expected value of the intelligence derived from it and why there was
no viable alternative to the proposed acquisition of BCD. The two intelligence agencies
also provided examples from recent operations where using BCD had been critical;
• the supporting documentation and each s.94 direction itself made explicit that the
relevant Secretary of State was giving the direction in person, and each was signed;
• the s.94 directions specified the communications data which was the subject of the
direction by using terminology familiar to the CSPs;
• the directions signed by the Home Secretary and Foreign Secretary and served on the
CSP made explicit that MI5 and GCHQ would carry out a review of the direction every
six months and share these reviews with the relevant Secretary of State;
• the six monthly reviews for the 2017 period of all the extant s.94 directions were
comprehensive and contained:
52 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473780/Handling_arrangements_for_Bulk_
Communications_Data.pdf