made 9 recommendations.9 My office has received full cooperation from the Security
Service and GCHQ in their responses to the report’s recommendations.
In the review report, I indicated that IOCCO would, on an annual basis, carry out formal
inspections within any public authorities for which the Secretary of State has given section
94 directions for the acquisition of communications data. It remains the case that those
are only the Security Service and GCHQ. More recently, they have agreed that inspections
should be undertaken at least every 6 months with additional, on-going updates and
discussion regarding the use of these powers.
The Investigatory Powers Act 201610 received Royal Assent in late 2016, and a draft code
of practice relating to the bulk acquisition of communications data, pursuant to Schedule
7 was published in February 2017.11 Once enacted, the IPA will place oversight of the
acquisition of bulk communications data on a statutory footing.
Applications for section 94 directions
In the absence of any codified procedures in or made pursuant to section 94 of the
Telecommunications Act 1984, the intelligence agencies developed a process to facilitate
the acquisition of bulk communications data. That process is set out in the handling
arrangements12 published by the agencies in November 2015.
The process can be broken down into four distinct areas, some of which may be
undertaken simultaneously:
a) The agency identifies and describes the bulk communications data considered
necessary to meet its operational objectives;
b) The agency identifies the relevant PECN(s) and consults them to assess whether the
proposed acquisition of data is reasonably practical or whether the specific data required
could be separated more readily from other data;
c) The agency consults further with the PECN and assesses whether the data can be made
available by means of a section 94 direction; and
d) The agency determines whether the bulk acquisition of communications data
is appropriate under a section 94 direction. If so, the agency will prepare a detailed
submission for consideration by the Secretary of State.
9 See Pages 54 & 55 http://iocco-uk.info/docs/56208%20HC33%20WEB.pdf
10 See http://www.legislation.gov.uk/ukpga/2016/25/part/6/chapter/2/enacted and sections 158 through to 175
11 See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/593750/IP_Act_-_Draft_BCD_
code_of_practice_Feb2017_FINAL_WEB.pdf
12 See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473780/Handling_arrangements_
for_Bulk_Communications_Data.pdf
www.iocco-uk.info
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