CHAPTER 11: SERVICE PROVIDERS
to look favourably on requests for data preservation, so as to ensure that at the
conclusion of the MLAT process the data would still be there.
11.26. But there is little dispute that the MLAT route is currently ineffective. Principally this is
because it is too slow to meet the needs of an investigation, particularly in relation to a
dynamic conspiracy. For example a request to the United States might typically take
nine months to produce what is sought. The MLAT route also does not address
intelligence needs. Progress has however been made in discussions with the Irish
government in the context of the EU protocols for legal assistance to enable speedy
turnaround of warranted interception requests in serious crime cases. There are also
plans to introduce electronic document exchange with the United States, which will
remove some of the delays inherent in relying on the transfer of hard copies.
11.27. To address this problem of overseas enforcement, at the same time as my Review was
established, the government appointed Sir Nigel Sheinwald to be the Prime Minister’s
special envoy on law-enforcement and intelligence data sharing. Sir Nigel’s
overarching objective, through discussions with governments, other key international
partners and service providers, was to improve access to and sharing of law
enforcement and intelligence data in different jurisdictions. Sir Nigel was seeking to
identify ways to take forward the British government’s relationship with
telecommunications companies and explore how new formal arrangements could
improve data access and sharing in both the short and longer term.19 I have been kept
informed of his progress.
11.28. A number of options are under consideration which might improve the level of
cooperation between US-based companies and the British Government. Some
depend on the US Government interceding with US companies on behalf of the British
Government. These will require the appropriate political will in Washington as well as
the British Government to respond to concerns. There is no immediate solution in
sight.
UK service providers
11.29. Most of the areas of concern expressed by NGOs, discussed further in Chapter 12,
found some echo in the views on future arrangements volunteered by UK companies.
19
Specifically, Sir Nigel Sheinwald’s task, as set out in a Cabinet Office Press Release, 19 September
2014, was to:
identify ways to take forward the British Government’s relationships with the telecommunications
companies and ensure that the British Government’s work in this area is coherent with its broader
relationships with the telecommunications companies, and vice versa;
explore how new formal US/UK arrangements could improve data access for the UK agencies;
work with the US government and telecommunications companies on a range of options for
strengthening arrangements and ensuring reliable access, e.g. through MLAT systems, other legal or
political frameworks or remedies, better arrangements for direct requests from the UK agencies to the
companies which hold the data, or other means;
consider wider international arrangements in this area; and
ensure that any new arrangements observe the requirement that data are requested and provided only
where necessary and proportionate for the purposes of national security and the prevention or detection
of serious crime.
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