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A Democratic Licence to Operate
purchase or covertly acquire them, including from overseas as part of the intelligence
missions authorised under the ISA 1994.
Data Acquisition, Retention and Access
1.53
There are a number of stages that data goes through between its production and eventual
use. It is important to note the various circumstances in which, and processes by which,
data is acquired, retained, and eventually accessed and used.
Data Acquisition
1.54
There are a variety of means by which organisations – in both the public and private
sector – acquire data. Arguably, the most common method is through citizens voluntarily
providing information about themselves. By providing personal data to government
services, an individual is able to access a range of services, benefits and opportunities.
Examples include NHS health records, passport details and employer information
provided to HMRC, to name but a few. In some cases, such as vehicle licensing and
house ownership, registration is compulsory. Commercial organisations (both in the
UK and overseas) also acquire enormous volumes of information on their customers.
Customers may benefit from the collection and analysis of their data by receiving tailored
offers, targeted advertising and an overall enhanced retail experience. Consumers are
increasingly aware that, although this data was collected for such purposes, it can also
be sold or passed onto third parties. Similarly, individuals do not always knowingly, or
explicitly, consent to their data being collected or otherwise acquired online.
1.55
One of the most controversial issues in relation to the intelligence agencies and law
enforcement is their ability to collect some types of data in bulk. The creation or
collection of data sets in this manner is thought by some to be disproportionately
intrusive to individual privacy. The UK is not the only country whose intelligence
agencies have faced criticism over the collection of communications data in bulk, and
the intelligence-collection methods of many nations have come under close scrutiny
since June 2013. In January 2014, an inquiry by the European Parliament Committee on
Civil Liberties, Justice and Home Affairs reported that there was ‘compelling evidence
of the existence of far-reaching, complex and highly technologically advanced systems
designed by US and some Member States’ intelligence services to collect, store and
analyse communication data’.55
55. Committee on Civil Liberties, Justice and Home Affairs, ‘Report on the US NSA Surveillance
Programme, Surveillance Bodies in Various Member States and Their Impact on EU
Citizens’ Fundamental Rights and on Transatlantic Cooperation in Justice and Home
Affairs’, European Parliament, A7-0139/2014, 2014.