1. INTRODUCTION
Subject-matter of the Review
1.1.
This is the report of the Independent Bulk Powers Review [the Review]. The
Review was set up in May 2016 to evaluate the operational case for the four bulk
powers [the powers under review] for which provision is made in Parts 6 and 7
of the Investigatory Powers Bill currently before Parliament [the Bill].1 Those
powers relate to bulk interception, bulk acquisition, bulk equipment interference
[bulk EI] and bulk personal datasets [BPDs].2
1.2.
The powers under review are distinguished from other powers in the Bill by their
“bulk” nature (1.4-1.9 below), and by the fact that the data for whose collection
and/or retention they provide may be accessed only by the Security and
Intelligence Agencies [SIAs]: that is, the Security Service [MI5], the Secret
Intelligence Service [MI6] and the Government Communications Headquarters
[GCHQ].3
1.3.
According to a recent report, the UK is one of five EU Member States that have
detailed laws authorising the carrying out “not only targeted surveillance but also
signals intelligence” – in other words, to conduct activities similar to at least
some of the powers under review.4 Such activities are also conducted elsewhere
in the world, e.g. by the USA, Russia, China and Israel.
What are bulk powers?
1.4.
The phrases “bulk” and “bulk power” trip readily off the tongue but are not
defined in the Bill, and merit analysis.
1.5.
For NGOs and others, the defining feature of a bulk power is that it allows public
authorities (in particular, law enforcement and intelligence) to have access for
specified purposes to large quantities of data, a significant portion of which is not
1
2
3
4
All references to the Bill in this Report are to the version of 8 June 2016 introduced to the
House of Lords.
A full list of the acronyms used in this report is at Annex 1.
MI5 investigates and disrupts people, mostly within the UK, who pose threats to national
security (including terrorism, espionage, cyber threats and proliferation). MI6 collects
intelligence and conducts covert activity globally in support of the UK’s foreign, defence and
security policies. GCHQ gathers intelligence from communications globally, reporting across a
wide range of requirements including counter-terrorism, counter-proliferation, foreign
intelligence and serious crime. It also protects Government communications and
communications networks. Each SIA has an informative and accessible website.
The other four are Germany, France, the Netherlands and Sweden: EU Agency for
Fundamental Rights, Surveillance by intelligence services: fundamental rights safeguards and
remedies in the EU (2015), pp. 20-24. The authors cautioned that the list may not be
exhaustive: it is possible that other states conduct such activities without the benefit of detailed
legislation.
2