EXECUTIVE SUMMARY
b.
c.
Chapter 14 (EXPLANATIONS) is a commentary on the principal
recommendations set out in Chapter 15. It explains my thinking on key issues
such as:
Defining content and communications data
Compulsory data retention
The proposals in the 2012 Communications Data Bill
Bulk collection and bulk warrants
Specific interception warrants
Judicial authorisation
Collection of communications data
Extraterritorial effect
Use of intercepted material and data
The Independent Surveillance and Intelligence Commission (ISIC)
The IPT
Transparency.
Chapter 15 (RECOMMENDATIONS) sets out my 124 specific and inter-related
recommendations for reform.
SUMMARY OF PROPOSALS
Shape of the new law
10.
A comprehensive and comprehensible new law should be drafted from scratch,
replacing the multitude of current powers and providing for clear limits and safeguards
on any intrusive power that it may be necessary for public authorities to use.1
11.
The definitions of content and of communications data should be reviewed, clarified
and brought up to date.2
Capabilities
12.
The power to require service providers to retain communications data for a period
of time should continue to exist, consistently with the requirements of the ECHR and
of EU law.3
1
Recommendations 1-9, 14.3-14.7 below.
Recommendation 12, 14.10-14.12 below.
Recommendations 13-14, 14.14-14.22 below.
2
3
4