provide important links assisting in the identification or movements of those
individuals”.130
The IsComm concluded that “[t]he case for holding BPD has been established in
each service” and made a number of recommendations, mostly aimed at
improving privacy protections.131
3.20.
Further detailed reporting on the use of BPDs is expected in the IsComm’s next
report, which will be published in September 2016.
3.21.
As to bulk acquisition, nothing was published openly in the period 2011-2014,
since the capability had not been avowed, but I have inspected the relevant
confidential annexes in relation to GCHQ. The report for 2013 endorsed the
necessity and proportionality of the capability as used by GCHQ, by reference to
the number of intelligence reports that were based on the data acquired. The first
public review of bulk acquisition was published by the IOCC in July 2016 (3.12
above).
(3) Assessments of the Intelligence and Security Committee of Parliament
3.22.
The ISC considered the utility of some or all of the powers under review in its
reports of March 2015 and February 2016.132 Comments of ISC members during
the passage of the Bill, in particular at second reading and report stage in the
House of Commons and at second reading in the House of Lords, reflect further
evidence taken by the ISC after the 2016 ISC report.
3.23.
I summarise below the views expressed by the ISC and its members on the
operational case for the powers under review. I do not summarise (because they
are not relevant to the subject-matter of this report) the ISC’s detailed evaluation
of the applicable safeguards (internal and external), or its many
recommendations in both 2015 and 2016, some of which influenced the shape
and content of the Bill and others of which have been advanced in the form of
proposed amendments to it.
2015 ISC Report
3.24.
The 2015 ISC Report concluded, after what was described as “a detailed
investigation into the intrusive capabilities that are used by the UK intelligence
and security Agencies”,133 that “the investigatory powers the Agencies were
authorised to employ were necessary and proportionate”.134 Some of its reasons
130
131
132
133
134
Ibid., p.35.
Ibid., p.38.
See fnn 16 and 29 above.
2015 ISC Report, Key Findings (v) (p.1).
As summarised in the 2016 ISC Report, Introduction, para 2.
52