6.6.
GCHQ uses bulk communications data currently acquired under s94 across the
full range of its operational work. It considers s94 data to provide a more reliable
and comprehensive feed of particular types of communications data than may be
obtained from GCHQ’s bulk interception: by merging s94 data with its other
communications data holdings, it can use them in a complementary fashion.
GCHQ also told us that bulk acquisition was less useful than bulk interception for
overseas operations, because it relied on the cooperation of overseas CSPs.215
6.7.
MI6 stated that it depends on GCHQ’s and MI5’s use of bulk acquisition to
develop its understanding of a threat to the UK, which it can then use its assets
and capabilities to inform and disrupt.
6.8.
According to GCHQ, the importance of the bulk acquisition power was likely to
remain the same or decline. MI5 and MI6 thought it would continue to be
important.
Scale of use
6.9.
MI6 makes no use of the bulk acquisition power. As IOCCO reported in July
2016, only GCHQ and MI5 had s94 directions to acquire bulk communications
data.216 There is no reason to suppose that this will change once the new power
enters into force.
6.10.
The Government’s claim that the bulk acquisition power is currently used “on a
daily basis”217 is borne out in striking fashion by the figures in the recent IOCCO
report. IOCCO was satisfied that GCHQ analysts had “justified properly why it
was necessary and proportionate to access the communications data”, and that
MI5’s applications “were submitted to an excellent standard and satisfied the
principles of necessity and proportionality”.218 But heavy use was made of the
acquired data:
(a) “In 2015 GCHQ identified 141,251 communications addresses or identifiers
of interest from communications data obtained in bulk pursuant to section 94
directions which directly contributed to an intelligence report.”219
(b) “In 2015 the Security Service [MI5] made 20,042 applications to access
communications data obtained pursuant to section 94 directions.
applications related to 122,579 items of communications data.”220
215
216
217
218
219
See further 5.34 above
IOCCO Report of July 2016, 7.4.
Operational Case, 9.1.
IOCCO Report of July 2016, 8.62 and 8.70.
IOCCO Report of July 2016, 8.62.
94
These