03/02/2020 Privacy International v Secretary of State for Foreign And Commonwealth Affairs & Ors (Rev 2) [2016] UKIPTrib 15_110-CH (17 October 2016) Counter-Terrorism Act 2008 10. By s.19 (1) of the Counter-Terrorism Act 2008 ("CTA") "A person may disclose information to any of the intelligence services for the purposes of the exercise by that service of any of its functions." 11. By s. 19(2) of the CTA: "Information obtained by any of the intelligence services in connection with the exercise of any of its functions may be used by that service in connection with the exercise of any of its other functions." 12. By s.19 (3) to (5) of the CTA, information obtained by the Intelligence Services for the purposes of any of their functions may: (a) In the case of the Security Service "be disclosed by it – (a) for the purpose of the proper discharge of its functions, (b) for the purpose of the prevention or detection of serious crime, or (c) for the purpose of any criminal proceedings." (s.19(3)) (b) In the case of GCHQ "be disclosed by it - (a) for the purpose of the proper discharge of its functions, or (b) for the purpose of any criminal proceedings." (s.19(5)) 13. By s.19 (6) any disclosure under s.19 "does not breach – (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed)." 14. Furthermore: (a) s.19 does not affect the duties imposed by the information gateway provisions (s.19 (7) and s.20 (1) of the CTA). (b) by s.20 (2) of the CTA, nothing in s.19 "authorises a disclosure that(a) contravenes the Data Protection Act 1998 (c.29), or (b) is prohibited by Part 1 of the Regulations of Investigatory Powers Act 2000 (c.23)." 15. Thus, specific statutory limits are imposed on the information that the Intelligence Services can obtain, and on the information that it can disclose under the CTA. Section 94 of the Telecommunications Act 1984 16. S.94 of the Telecommunications Act 1984 ("TA") provides: "94.- Directions in the interests of national security etc. (1) The Secretary of State may, after consultation with a person to whom this section applies, give to that person such directions of a general character as appear to the Secretary of State to: be necessary in the interests of national security or relations with the government of a country or territory outside the United Kingdom. (2) If it appears to the Secretary of State to be necessary to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom, he may, after consultation with a person to whom this section applies, give to that person a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction. www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 30/53