(c) the categories of data that it is envisaged will be subject to bulk acquisition
warrants under the Bill; or
(d) the categories of CSP that may be in receipt of such directions or warrants.
2.41.
It can safely be said however that:
(a) the existing power and the power in Part 6 Chapter 2 of the Bill both enable
the SIAs to obtain large amounts of communications data, most of it relating
to individuals who are unlikely to be of any intelligence interest; but that
(b) content cannot be obtained under either power, and it is not currently
envisaged that the bulk acquisition power in the Bill will be used to obtain
internet connection records.85
Safeguards on bulk acquisition
2.42.
The safeguards applicable to bulk acquisition are similar to those which apply to
bulk interception and bulk equipment interference, save that there is no
requirement of a foreign focus. In particular:
(a) Warrants may be signed and issued personally by the Secretary of State
(clause 148), with the approval of a Judicial Commissioner (clause 147), on
the application of an SIA Chief (clause 146(1)).
(b) The Secretary of State (and the Judicial Commissioner in exercising his
function of review) must consider that the warrant is necessary in the
interests of national security (whether on its own or in conjunction with other
grounds, including the prevention and detection of serious crime: clause
146(1)(a)).
(c) They must further be satisfied that the interrogation of data obtained under
the warrant is or may be necessary for the Operational Purposes specified in
the warrant, and proportionate (clause 146(1)(b)(c)).
(d) They must also have regard to factors including whether less intrusive means
could be used, the integrity and security of telecommunications systems and
the protection of privacy (clause 2).
(e) Further safeguards (contained so far as possible in a statutory Code of
Practice) apply to the retention, disclosure, examination and destruction of
data (clauses 158-159).
85
A “Bulk Communications Data” factsheet published with the draft Bill on 4 November 2015
stated “The data does not include internet connection records ...”. I am told however that this is
no more than a statement of present practice and intention: neither the Bill nor the draft Code of
Practice rules out the future use of the bulk acquisition power in relation to ICRs.
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