BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
2. Relevant statutory framework for the operation of the intelligence
services
104. There are three intelligence services in the United Kingdom: the
security service (“MI5”), the secret intelligence service (“MI6”) and GCHQ.
(a) MI5
105. Pursuant to section 2 of the Security Service Act 1989 (“SSA”), it
was the duty of the Director-General of MI5, who was appointed by the
Secretary of State for the Home Department, to ensure that there were
arrangements for securing that no information was obtained by MI5 except
so far as necessary for the proper discharge of its functions or disclosed by it
except so far as necessary for that purpose or for the purpose of the
prevention or detection of serious crime or for the purpose of any criminal
proceedings.
106. According to section 1 of the SSA, the functions of MI5 were the
protection of national security and, in particular, its protection against
threats from espionage, terrorism and sabotage, from the activities of agents
of foreign powers and from actions intended to overthrow or undermine
parliamentary democracy by political, industrial or violent means; to
safeguard the economic well-being of the United Kingdom against threats
posed by the actions or intentions of persons outside the British Islands; and
to act in support of the activities of police forces, the National Crime
Agency and other law enforcement agencies in the prevention and detection
of serious crime.
(b) MI6
107. Section 2 of the Intelligence Services Act 1994 (“ISA”) provided
that the duties of the Chief of Service of MI6, who was appointed by the
Secretary of State for Foreign and Commonwealth Affairs (as he then was),
included ensuring that there were arrangements for securing that no
information was obtained by MI6 except so far as necessary for the proper
discharge of its functions, and that no information was disclosed by it
except so far as necessary for that purpose, in the interests of national
security, for the purposes of the prevention or detection of serious crime or
for the purpose of any criminal proceedings.
108. According to section 1 of the ISA, the functions of MI6 were to
obtain and provide information relating to the actions or intentions of
persons outside the British Islands; and to perform other tasks relating to the
actions or intentions of such persons. Those functions could only be
exercised in the interests of national security, with particular reference to the
State’s defence and foreign policies; in the interests of the economic
well-being of the United Kingdom; or in support of the prevention or
detection of serious crime.
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