Report of the Interception of Communications Commissioner - 2016
Public Electronic Communications Network
A public electronic communications network (PECN) is defined in section 151 of the
Communications Act (2003) as:
“an electronic communications network provided wholly or mainly for the purpose of
making electronic communications services available to members of the public.”
This excludes those who provide services or networks that are not available to members
of the public (typically, private networks and other bespoke services). PECNs tend to be
bodies which would be referred to as CSPs under RIPA and in other parts of this report.
Bulk Communications Data
The term bulk communications data is explained in a Government paper entitled the
“Operational Case for Bulk Powers”.7 This was published to inform the public about
provisions in what is now the Investigatory Powers Act 2016. It sets out the Government’s
explanation of what this data is, which agency may acquire it, and the reasons why and
how it is used by the agencies when carrying out their statutory functions. The publication
also contains several case studies provided by the intelligence agencies.
In simple terms, the use of section 94 directions has enabled the agencies to obtain
communications data (all information relating to a communication except its content) in
bulk. Bulk communications data involves large amounts of communications data, most of
which relates to individuals who are unlikely to be of any intelligence interest.
Shortly after the publication of the review report, the then Independent Reviewer of
Terrorism Legislation (David Anderson Q.C.) published his Review of Bulk Powers Report8
in August 2016. He concluded:
“This Report has declared the powers under review to have a clear operational purpose.
But like an old-fashioned snapshot, it will fade in time. The world is changing with great
speed, and new questions will arise about the exercise, utility and intrusiveness of these
strong capabilities. If adopted, my recommendations will enable those questions to be
answered by a strong oversight body on a properly informed basis.”
Update to my review report
IOCCO’s review of directions issued under section 94 of the Telecommunications Act 1984
7 See section 9 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/504187/Operational_
Case_for_Bulk_Powers.pdf
8 https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2016/08/Bulk-Powers-Review-finalreport.pdf
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