3.32.
The ISC appears to have agreed, concluding in relation to utility that:
“The Agencies use Bulk Personal Datasets – large databases containing
personal information about a wide range of people – to identify individuals in
the course of investigations, to establish links, and as a means of verifying
information obtained through other sources. These datasets are an
increasingly important investigative tool for the Agencies.”139
2016 ISC report
3.33.
In its report of February 2016, the ISC stated that it remained of the view
(expressed by a differently-constituted ISC in March 2015) that “the investigatory
powers the Agencies were authorised to employ were necessary and
proportionate” (Introduction, para 2). It acknowledged, in particular, that “the
Agencies need the capability to conduct Equipment Interference as necessary”,
but stated that:
“the Committee has not been provided with sufficiently compelling evidence
as to why the Agencies required Bulk Equipment Interference warrants, given
how broadly Targeted Equipment Interference Warrants can be drawn”.
3.34.
Similarly, in relation to BPDs, the ISC did not doubt their utility but questioned the
need for class warrants which would enable multiple BPDs to be obtained
without specific Ministerial consideration of the degree of intrusion into privacy
effected by each one.
3.35.
Each of those conclusions was however subsequently qualified by the Chair of
the ISC, after consideration of further extensive classified evidence provided to
the ISC, as indicated below.
Comments of ISC Chair
3.36.
In relation to bulk EI, the Chair of the ISC (elected by the ISC members), the
former Attorney General Dominic Grieve QC MP, stated at report stage that
having carefully scrutinised the additional evidence provided since the 2016 ISC
report:
“... we concluded that there were circumstances – target discovery was an
example – that would require a bulk equipment interference warrant and
could not simply be covered by a thematic warrant”.140
That concession was subject to a request for further assurances and safeguards,
which were provided.
139
140
U, after para 163.
Hansard HC, 6 June 2016, vol 611 col 895.
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