III
IV.
SUMMARY OF THE CURRENT LEGAL FRAMEWORK
37
A.
UK bulk interception under the s8(4) Regime
37
B.
US-UK intelligence sharing regime
39
C.
Oversight mechanisms
1.
The Investigatory Powers Tribunal
2.
The Intelligence and Security Committee
3.
The
Interception
of
Communications
Commissioner
41
41
43
45
D.
Recognition that the current legal framework is
inaccessible, outdated and unfit for purpose
45
SUMMARY OF THE PROCEDURAL HISTORY
48
_________________
PART 2: APPLICANTS’ REPLY TO THE GOVERNMENT’S
OBSERVATIONS
I.
BULK INTERCEPTION UNDER S8(4) BREACHES
THE CONVENTION
51
A.
Intercepting communications data is as intrusive as
intercepting content
52
B.
Foreseeability and accessibility
1.
“Internal” versus “external” communications
54
55
C.
The framework for analysing the Applicants’ claims
58
D.
Absence of mandatory minimum safeguards
1.
The nature of the “offences” which may give
rise to an interception order
2.
The categories of people liable to have their
communications intercepted
3.
Limits on the duration of interception
4.
The procedure to be followed for examining,
using and storing the data obtained
5.
The
precautions
to
be
taken
when
communicating intercepted material to other
parties
6.
The circumstances in which data obtained may
or must be erased or the records destroyed
62
62
3
63
66
67
70
71