BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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(a) MI5
98. Pursuant to section 2 of the Security Services Act 1989 (“SSA”), it is
the duty of the Director-General of MI5, who is appointed by the Secretary
of State, to ensure that there are arrangements for securing that no
information is obtained by MI5 except so far as necessary for the proper
discharge of its functions or disclosed by it except so far as necessary for
that purpose or for the purpose of the prevention or detection of serious
crime or for the purpose of any criminal proceedings.
99. According to section 1 of the SSA, the functions of MI5 are the
protection of national security and, in particular, its protection against
threats from espionage, terrorism and sabotage, from the activities of agents
of foreign powers and from actions intended to overthrow or undermine
parliamentary democracy by political, industrial or violent means; to
safeguard the economic well-being of the United Kingdom against threats
posed by the actions or intentions of persons outside the British Islands; and
to act in support of the activities of police forces, the National Crime
Agency and other law enforcement agencies in the prevention and detection
of serious crime.
(b) MI6
100. Section 2 of the Intelligence Services Act 1994 (“ISA”) provides
that the duties of the Chief of Service of MI6, who is appointed by the
Secretary of State, include ensuring that there are arrangements for securing
that no information is obtained by MI6 except so far as necessary for the
proper discharge of its functions, and that no information is disclosed by it
except so far as necessary for that purpose, in the interests of national
security, for the purposes of the prevention or detection of serious crime or
for the purpose of any criminal proceedings.
101. According to section 1 of the ISA, the functions of MI6 are to
obtain and provide information relating to the actions or intentions of
persons outside the British Islands; and to perform other tasks relating to the
actions or intentions of such persons. Those functions may only be
exercised in the interests of national security, with particular reference to the
State’s defence and foreign policies; in the interests of the economic wellbeing of the United Kingdom; or in support of the prevention or detection of
serious crime.
(c) GCHQ
102. Section 4 of the ISA provides that it is the duty of the Director of
GCHQ, who is appointed by the Secretary of State, to ensure that there are
arrangements for securing that it obtains no information except so far as
necessary for the proper discharge of its functions and that no information is
disclosed by it except so far as necessary.