•

the IsComm, currently Rt. Hon. Sir Mark Waller, who is responsible
with his staff for the oversight of EI and of BPDs;119

(a) the ISC, which is the parliamentary body tasked with providing oversight of
the use of investigatory powers by the SIAs;120 and
(b) the IPT, the independent tribunal which will have jurisdiction to determine
complaints about the alleged exercise of each of the powers under review
(as it has in relation to their current equivalents).121
All those bodies have the necessary security clearance to investigate thoroughly
the activities with whose oversight or scrutiny they are charged.
Other bodies and individuals
3.6.

Comments on the utility of the powers under review, or similar powers, have also
been made by:
(a) the PCLOB (USA);
(b) the NAS (USA);
(c) former intelligence officials, in evidence to Parliament and elsewhere;
(d) the ECtHR;
(e) the CJEU; and
(f) the SURVEILLE project of the European Union.
Of those, the first three had access to classified materials and the last three did
not.

3.7.

The assessments of the above bodies and individuals are summarised in the
remainder of this chapter.

(1) Assessments of the Interception of Communications Commissioner
3.8.

119

120
121

As noted above, IOCCO has oversight of bulk interception, and (since 2006 in
respect of MI5 and February 2015 in respect of GCHQ) bulk acquisition.

Some BPDs are obtained by interception, which is overseen by IOCCO: but as BPDs they are
subject to the oversight of the IsComm. Before February 2015, the IsComm also had oversight
of bulk acquisition under TA 1984 s94.
See AQOT 6.112-6.113.
See AQOT 6.105-6.111. A right of appeal from certain judgments of the IPT is introduced by
the Bill (clause 217).

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