6.40.
A letter to the Home Office from 2014 noted the value of the bulk acquisition
power and expressed the view that “[i]t would be difficult, if not impossible, to
mitigate fully for the loss of these capabilities, as to do so would incur additional
expense, resource and intrusion (direct or collateral) which may not be deemed
proportionate under alternative mechanisms”.
6.41.
A letter to the Home Office from 2015 described the bulk acquisition capability
as “one of the single most important capabilities available to MI5” and stated that
MI5 could not afford for there to be any break in the continuity of the service
provided by the system.
6.42.
A working level discussion document from 2016 noted that “operationally,
targeted CD powers cannot deliver the depth of intelligence, nor deliver at the
same pace as Bulk CD”.
6.43.
A GCHQ strategy paper for 2016-19 set out GCHQ’s plans for the development
and enhancement of its bulk data capabilities. It appears from that document
that bulk acquisition was seen as having significant value to GCHQ, particularly
in conjunction with data from other sources.
Conclusion
6.44.
It was not open to me to disclose in AQOT the existence of the bulk acquisition
capability that was exercised pursuant to directions under TA 1984 s94. Its
avowal, on the morning that the draft Bill was presented to Parliament, was the
first step to allowing its utility to be publicly evaluated.
6.45.
I would have preferred to be able to give more detail in this Report as to the
categories of CSPs and communications data that are currently subject to
directions, the purposes for which applications for access are made and the uses
to which the resulting data are put. Nonetheless, I have seen enough
information to evaluate for myself the utility of the bulk acquisition power. I also
note the conclusions of the IsComm and IOCC regarding utility: 3.87(b) above.
6.46.
The SIAs assert that bulk acquisition offers the advantages over other
techniques of speed and the ability to conduct more complex and comprehensive
analysis. The case studies that I examined confirm the accuracy of that claim,
particularly in respect of UK-based operations. Bulk acquisition is of more limited
use when the help of overseas CSPs would be required to obtain the data. The
SIAs’ claim is also consistent with the terms of the internal documents that I have
seen: it is clear that the SIAs regard bulk acquisition as vital to their activities.
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