under the provisions in Part 4 of the Act. This may result in the
collection of large volumes of communications data. This is essential
to enable communications relating to subjects of interest to be
identified and subsequently pieced together in the course of an
investigation.
3.4
In contrast to a targeted communications data authorisation, issued
under Part 3 of the Act, a bulk acquisition warrant instrument need not
be constrained to a specific operation.
3.5
Chapter 2 of Part 6 does not impose a limit on the volume of
communications data which may be acquired. For example, if the
requirements of this chapter are met then the acquisition of all
communications data generated by a particular CSP could, in
principle, be lawfully authorised but only where necessary and
proportionate to do so. This reflects the fact that bulk acquisition is an
intelligence gathering capability, whereas targeted communications
data acquisition is primarily an investigative tool that is used to acquire
data in relation to specific investigations.
3.6
Accordingly, and in contrast to targeted communications data
acquisition, a warrant may only be sought by a member of the SIA. In
addition, the volume of data which may potentially be acquired is
reflected in that fact that bulk acquisition warrants must be granted by
the Secretary of State and are subject to authorisation by the Judicial
Commissioner. Once acquired in bulk, selection of data for
examination is only permitted for approved operational purposes.
3.7
In contrast to the bulk powers provided for in Chapters 1 and 3 of Part
6 of the Act, a bulk acquisition warrant may relate to communications
data in relation to individuals in the UK.”
Further sections of the draft Code of Practice deal with the obtaining of warrants,
modifications, renewals and cancellation, implementation of a technical
capability, safeguards, record keeping and error reporting.
Product of bulk acquisition
2.40.
I regret that I am unable openly to describe:
(a) the precise categories of communications data that are currently subject to
s94 directions (though the IOCCO report has said that all concern traffic
data);
(b) the specific purposes which those data currently serve, in the hands of MI5
and GCHQ, beyond stating that both use them for the full range of their
statutory functions;
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