grounds, including the prevention and detection of serious crime: clause
129(1)(b)).
(c) They must further consider that examination of intercepted content or
secondary data obtained under the warrant is or may be necessary for the
Operational Purposes specified in the warrant, and proportionate (clause
129(1)(c)(d)).
(d) They must have regard to factors including whether less intrusive means
could be used, the integrity and security of telecommunications system and
the protection of privacy (clause 2; see also clauses 129 and 130).
(e) Despite the foreign focus required by clause 127(2)(3), bulk interception (e.g.
of the contents of an international cable) will inevitably collect
communications between persons in the UK, for example via a server
outside the UK. A targeted examination warrant, with the further safeguards
provided for under Part 2 of the Bill is required before it is possible to select
for examination the content of the communications of a person known to be
in the UK (clause 15(3)).
(f) Further safeguards (detailed in the draft Code of Practice, and now on the
face of the Bill) apply to the retention, disclosure, examination and
destruction of data obtained by bulk interception and to items subject to legal
professional privilege [LPP] (clauses 140-143).
(g) The operation of current bulk interception powers is subject to the audit of
IOCCO, including its technical inspectorate, and will in future be audited by
the IPC. The 2015 ISC Report recommended that the oversight body be
given express authority to review the selection of bearers, the application of
simple selectors and initial search criteria, and the complex searches which
determine which communications are read.74 That authority is (I am assured
by the Home Office) inherent in clauses 205 and 211 of the Bill.75
Criticisms of bulk interception
2.27.
74
75
A flavour of the criticisms of bulk interception, as they have previously been
communicated to me, was given in AQOT 12.35-12.42. In particular:
2015 ISC Report, paras 123-125.
See, in particular, the clause 205(5) duty on the IPC to “keep under review the operation of
safeguards to protect privacy”.
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