128
Investigatory Powers Commissioner’s Annual Report 2019
Figure 26: Government Communications Headquarters (GCHQ) errors by type, 2017
to 2019
60
50
40
30
20
10
0
Bulk personal
data
Comms data
(reportable)
Directed
surveillance
Equipment
interference
Interception
Property
interference
Section 7 ISA
2017
0
0
0
0
32
0
2
2018
0
11
0
0
15
1
0
2019
1
1
3
3
51
1
1
18.7
In our assessment, although a higher number of errors were reported in some areas than
in previous years, there is no general pattern of non-compliance following from errors
reported in similar areas in 2017 and 2018. The greatest increases in reported errors
were in BPD errors reported by both MI5 and the Secret Intelligence Service (SIS), and
bulk interception errors reported by the Government Communications Headquarters
(GCHQ) (see below). The number of BPD errors may reflect the fact that SIS and MI5 were
implementing the new provisions and changes to the required processes and ways of
working; we would not expect to see a similar figure for 2020. These errors were generally
human errors, for example an officer searching for their own phone number rather than a
target’s by mistake. Other errors have been more substantial, such as where agencies have
identified unwarranted BPD holdings; in each such case the agency either subsequently
applied for a warrant or deleted the data. Errors of this kind have led us to give more
attention to the data-holding systems at each agency and this will continue to be a focus in
coming years.
18.8
The nine CHIS errors reported by SIS is higher than we, or SIS, would expect to see in
this area. Most of the CHIS errors reported by SIS related to agent cases or operations
conducted under the Intelligence Services Act (ISA) but where a period of activity met
the criteria for authorisation under RIPA and where this change in circumstances had
not been recognised. There was no suggestion of deliberate neglect, rather a lack of
understanding of when a RIPA authorisation was required. The remaining errors occurred
when an authorisation was allowed to lapse when it was still required. The increase in
reported errors during the year reflects at least in part a greater ability by SIS to recognise
when errors have taken place. SIS has designated a member of staff to help improve RIPA
compliance and we expect to see a significant fall in such errors in 2020.