CHAPTER 1: INTRODUCTION
Other reviews
1.18.
The initial terms of reference state that my Review will take account of:
“the findings of the [JCDCDB], RUSI Review, the ISC Privacy and Security
Inquiry and administrative and resource impacts”.
1.19.
Of the three bodies there mentioned:
(a)
The JCDCDB reported on 11 December 2012, in the JCDCBC Report: I refer
its findings in Chapters 4, 8, 9, 14 and 15, below.
(b)
The ISC produced its report [ISC Privacy and Security Report] on 12 March
2015.23 In keeping with the functions of the ISC, that report is limited to the
activities of the security and intelligence agencies; but it made some farreaching recommendations, including for the drafting of a bespoke new law to
cover all intelligence agency activity.
(c)
The Royal United Services Institute [RUSI] Independent Surveillance Review
[the RUSI Review] announced by the Deputy Prime Minister on 4th March
2014, has not yet reported.
According to the same terms of reference, this Report is to mark the end of the first
phase of a Review that will be carried on by a Joint Committee to be established in the
next Parliament. I have no doubt that the RUSI Review, and all other relevant material,
will be given due weight during the second phase.
Working methods
1.20.
I issued a formal call for evidence in July 2014, on my website and via twitter, which
was supplemented by a number of specific requests and attracted written
submissions (sometimes on a repeated basis) from 67 individuals, NGOs, service
providers, individuals, regulators and public authorities. Most in the latter category
are classified because of operational sensitivities; but the submissions that I have
consent to publish may be found on my website.24 Almost without exception I have
found them useful, informative and thought-provoking.
1.21.
I followed up many of the submissions orally and have held meetings with a wide
range of interlocutors in the UK.25 I have benefited from the wide range of expertise
presented at Wilton Park meetings in October and November 2014, which provided a
unique opportunity for dialogue between people with very different perspectives, and
from conferences organised by the Bingham Centre for the Rule of Law and by
JUSTICE. I made productive trips to Berlin, San Francisco and Silicon Valley,
Washington DC and Ottawa, all in December 2014, and to Brussels in January 2015.
23
24
25
Privacy and Security: A modern and transparent legal framework, HC 1075, (March 2015).
https://terrorismlegislationreviewer.independent.gov.uk/.
In keeping with the mode of operation of the independent reviewer of terrorism legislation, and in order
to achieve maximum frankness from those to whom I spoke, those meetings were confidential and not
formally minuted. They included several meetings with and fact-finding visits to the Security Service
[MI5], the Secret Intelligence Services [MI6] and GCHQ.
22