(a) What is the identity and nature of the claimants concerned and the
nature of their communications and their activities (including their
position as NGOs)?
(b) What is the nature of the interference (if any) with their rights and
what was the purpose of the interference?
(c) Identification with precision of what exactly (if anything) has been
intercepted, obtained, retained and/or used, with reference both to
communications and communications data.
(d) Identification of what material (if any) has been obtained, retained
and/or used, for how long (if at all) it has been retained and
whether (if so) it has been retained in accordance with the
procedures on obtaining and retention whose existence has been
referred to in the December Judgment.
(iv)
4.
Where appropriate, that is in relation to any issues of storage, retention
or use, the Tribunal has had regard to S v United Kingdom [2009] 48
EHRR 50, MK v France [1952/09] (Judgment 18 April 2013) R(T) v
Chief Constable of Greater Manchester Police [2014] 3 WLR 96
and Digital Rights Ireland Ltd v Minister for Communications,
Marine and Natural Resources (ECJ) now reported in [2014] 3 WLR
1607.
The Tribunal has already concluded in the December Judgment:
(i)
(Paragraph 160) Pursuant to a s.8(4) warrant enabling the interception
of substantial quantities of communications, large quantities are
lawfully intercepted but:
(a)
material can only then be accessed lawfully if it is necessary in
the interest of national security, for the purpose of preventing or
detecting serious crime or for the purpose of safeguarding the
economic well being of the United Kingdom (“the statutory
purposes”) and it is only proportionate if it is proportionate to
what is sought to be achieved by lawful conduct.
(b)
Once it has been accessed by the Intelligence Services, either by
specific targeting or selection, intercepted material, including
communications data, may only be retained for as long as is
necessary for the statutory purposes; thereafter it must be
destroyed.
(c)
In respect of all intercepted information which they receive and
retain by any of these means the Intelligence Services are
accountable: the receipt, handling and destruction of material
must be carefully managed, monitored and recorded, and all this
information must be freely available for inspection by the
relevant authorised oversight bodies, who must be given full
and on-going cooperation in that work.