(4)
Storage – Retaining filtered information in a database for potential
future analysis or dissemination.
(5)
Analysis – Querying, examining, data-mining or otherwise
analysing information stored in databases.
(6)
Dissemination – Distributing the results of analysis to other
persons, organisations or agencies.
32.
Article 8 is engaged at each stage of the bulk interception process.10 Each
of the six steps listed above constitutes a discrete interference with the
right to privacy of the individuals whose communications are affected.
3.
“Intelligence sharing”
33.
The Applicants use the term “intelligence sharing” to refer to all of the
various means by which the UK Intelligence Services may access
information intercepted by foreign intelligence agencies, including, but not
limited, to in bulk:
(1) access to raw intercept material intercepted by foreign intelligence
agencies, permitting the UK Intelligence Services to extract, filter,
store, analyse and/or disseminate such information;
(2) access to information initially intercepted, extracted, filtered and
stored by foreign intelligence
agencies, permitting the
UK
See, e.g., Malone v United Kingdom (1985) 7 EHRR 14: “As telephone conversations are covered
by the notions of ‘private life’ and ‘correspondence’ within the meaning of Article 8…, the admitted
measure of interception involved an ‘interference by a public authority’ with the exercise of a right
guaranteed to be the applicant under paragraph 1 of Article 8 (ar. 8-1).”; Amann v Switzerland
[GC] ECHR 2000-II, §§68-70: “The Court reiterates that the storing by a public authority of
information relating to an individual’s private life amounts to an interference within the meaning
of Article 8. The subsequent use of the stored information has no bearing on that finding.”
10
18