CHAPTER 13: PRINCIPLES
(h)
the types of data that may be held, and the criteria that apply to the use,
retention, deletion and disclosure of those data;
(i)
the parameters for sharing data and intelligence, including the conditions that
must be met for intelligence to be shared, the entities with which intelligence
may be shared and the safeguards that apply to exchanges of intelligence both
domestically and internationally;
(j)
an express prohibition on the use of foreign partners in any way that results in
the circumvention of national legal standards and institutional controls;
(k)
the maximum transparency that is compatible with effective operational use of
the powers; and
(l)
the procedures for overseeing and reviewing the use of collection measures
and the analysis, use and sharing of data recovered pursuant to them.30
13.46. Where the interference with the right to respect for the privacy of communications is
systematic rather than suspicion-based, “[t]he sheer scale of the interference with
privacy rights calls for a competing public policy justification of analogical magnitude”,
including – as a minimum – “a meaningful public account of the tangible benefits that
accrue from its use”.31 Enhanced procedures and safeguards may also be required
when particularly sensitive rights are in issue, e.g. the right of journalists not to
disclose their sources, and the right of a lawyer’s client not to have his privileged legal
communications disclosed.
13.47. Finally, it should never be forgotten that the state owes a primary duty to keep its
people safe. Subject to all of the above, I recommend that public authorities should
be provided with the tools needed effectively to combat the threats faced by the
UK, its citizens and indeed those of other nations.32
13.48. In the remaining two Chapters, which should be read together, I indicate the thinking
behind some of my principal recommendations, before listing the recommendations
themselves.
30
31
32
Cf. M. Scheinin (UN Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism), Compilation of good practices on legal and
institutional frameworks and measures that ensure respect for human rights by intelligence agencies
while countering terrorism, including on their oversight: UN General Assembly Human Rights Council,
17 May 2010, Recommendations 20-35.
Ben Emmerson QC (UN Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism), Report to the General Assembly of 23 September
2014, para 13.
Three examples of bulk data analysis delivering subjects to justice are at Annex 9 to this Report. Case
studies 3, 5 and 6 helped other countries.
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