Independent review of the operational case for bulk powers: Terms of Reference
Aim
1. The review will examine the operational case for the investigatory powers contained in
Parts 6 and 7 of the Investigatory Powers Bill, including the ‘Operational Case for Bulk
Powers’ document which was published alongside the Bill at Introduction on 1 March.
The review will report to the Prime Minister, with a copy sent to the Intelligence and
Security Committee of Parliament (ISC). It will build on the previous reviews by the ISC,
David Anderson QC and the Surveillance Panel convened by the Royal United Services
Institute. The review will inform Parliament’s consideration of the need for the bulk
powers in the Bill.
2. The review shall consider the operational case for:
i. Bulk Interception
ii. Bulk Equipment Interference
iii. Bulk Acquisition (Communications Data)
iv. Bulk Personal Datasets
Process
3. The review will be undertaken by David Anderson QC, supported by a securitycleared barrister, technical expert and a person with experience of covert investigations.
4. The Government and the Security and Intelligence Agencies will provide all necessary
information, access and assistance as is needed for David Anderson QC to undertake
his review effectively.
5. David Anderson QC will report to the Prime Minister on the findings of his review in
time for those findings to inform Lords Committee consideration of Parts 6 and 7 of the
Bill. A copy of the report should also be provided to the ISC at this time. The Prime
Minister will make the final decision as to whether the report, or parts of it, can be
published without prejudicing the ability of the Security and Intelligence Agencies to
discharge their statutory functions. There may be a classified annex that should also be
submitted to the Prime Minister and copied to the ISC.
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