(d) seven relating to BPDs (focusing investigative resources, stopping terrorist
plots, identifying foreign fighters and subjects of interest, preventing terrorist
access to firearms, identifying human intelligence agents and protecting
major events).
Further details of these, together with an additional eight BPD case studies, were
provided to the ISC.
4.26.
The Review team was given details of all the real case studies summarised in
the Operational Case and material given to the ISC, and discussed with the SIAs
hypothetical cases and situations similar to those set out in those documents. In
addition we were given 11 further examples of the use of bulk interception, 19 of
the use of bulk acquisition, two of thematic EI (bulk EI having not yet been used:
1.19 above) and 17 of the use of BPDs. The case studies examined by the
Review team are summarised at Annexes 8-11: some of the numerous BPD
case studies were not selected for examination of underlying material or detailed
discussion with the SIAs, and have been omitted from Annex 11.
4.27.
Assisted by the considerable range of expertise within the Review team, I have
evaluated those case studies that were developed to us by the SIAs.
4.28.
As a team, we were not content with assertions of utility but insisted on seeing
contemporaneous intelligence reports and on interrogating SIA analysts who had
actually been involved in the relevant operations.193 Using the investigative
experience available to the Review, we also pursued with the SIAs the possibility
that alternative and less intrusive means could have been used to achieve the
same result.
Sources of evidence: other
4.29.
Well-evidenced case studies demonstrating the successful use of powers under
review may be considered necessary to establish the utility of those powers. If
(hypothetically) the SIAs are unable to show that an existing power has been
successfully used, on the basis of the criteria set out above, they will have failed
to discharge the burden of establishing the utility of that power.
4.30.
193
To reference a few success stories, even if they are impeccably evidenced and
withstand careful scrutiny, is however not sufficient. Proof that a power has on
occasion been useful is of value: but it is not enough to establish the overall
This was also the approach that I took in relation to the six case studies published in Annex 9 of
AQOT, as well as the “other detailed examples” relating to bulk interception that I was shown
during that earlier review: see AQOT 7.26. It helps explain why we met with as many as 85 SIA
officers and staff during the course of the Review: 1.40 above.
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