CHAPTER 8: COMPARISONS – INTERNATIONAL
Bulk Collection
8.60.
A comparative picture of bulk data collection and data analysis is very difficult to
provide. Many states do not officially avow their bulk data programmes (if they exist)
and have continued this practice in the light of the disclosures in the Snowden
Documents.26
8.61.
Furthermore, legislation does not ordinarily describe bulk collection powers in terms.
By way of example, RIPA s8(4) is not described as a mechanism for bulk collection,
though in practice that is one of the uses to which it is put. Nonetheless, it is clear
that an Australian foreign communications warrant, issued under the
Telecommunications (Interception and Access) Act 1979 [TIA 1979] ss11A, 11B or
11C, will allow for bulk collection. Likewise the GCSB in New Zealand may obtain an
access authorisation warrant that enables it to access specified information
infrastructures (with no greater degree of specificity required).27 It is also clear that
the Canadian CSIS and CSE carry out large scale data analysis. For its part, the US
Government has officially avowed its PRISM programme, which involved the
collection of large volumes of data by the NSA.
8.62.
As to the various European states, the new French Intelligence Bill would grant the
Prime Minister the power to require CSPs to monitor communications data passing
through their networks on a purely anonymous basis. If the data patterns are
suspicious, the CSP may be required to “de-anonymise” that data.28 It also provides
for the bulk interception of communications “sent or received abroad.”29
8.63.
The Venice Commission Report of April 2015 explains that both Germany and
Sweden make statutory provision for bulk interception.30 The Snowden Documents
suggested that the German external intelligence service (BND) passed very large
volumes of metadata to the NSA.31 The Dutch Government is currently debating a
revision to its Intelligence and Security Act 2002. It is unclear whether the final form
of that revision will allow for bulk interception of external communications and on what
basis.
8.64.
Bulk collection is, at least presently, a reality of the surveillance landscape, at least
when carried out for the purposes of foreign intelligence, and conducted outside the
state concerned.
26
27
28
29
30
31
See however I. Brown and others, “Towards multilateral standards for surveillance reform”:
https://cihr.eu/wp-content/uploads/2015/01/Brown_et_al_Towards_Multilateral_2015.pdf.
GCSB Act s15A (1).
Intelligence Bill 2015 L. 951-4.
Ibid., L. 854-1.
Venice Commission Report, p. 27, fn 81.
Der Spiegel, 5 August 2013. A German Parliamentary Committee has been set up to investigate the
matters arising from the Snowden Documents, though its focus is on questions concerned with spying
carried out by other states in Germany. See “German BND spy agency helped Germany target
France”, BBC website 30 April 2015.
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