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) (i) The BPD regime failed to comply with the ECHR principles which we have above set out throughout the period prior to its avowal in March 2015. (ii) The BCD regime failed to comply with such principles in the period prior to its avowal in November 2015, and the institution of a more adequate system of supervision as at the same date. In those circumstances there is no call for consideration of the details of such systems prior to those dates, save insofar as there are continuing criticisms, as considered below. Post-Avowal 85. We shall therefore consider whether there can be said to be compliance of the regimes with the "in accordance with law" requirement of Article 8 in respect of the period since November 2015 (BCD) and March 2015 (BPD). 86. We have already stated in paragraph 61 above that we do not change our previously concluded views in Liberty/Privacy that, provided there are otherwise adequate safeguards, the absence of prior judicial authorisation or of subsequent notification to a subject of interception does not render the system in breach of Article 8, though in respect of both of these aspects there may be changes if Parliament passes the new Bill as it presently stands. However, neither in that regard nor in any other do we consider it necessary or appropriate (as stated in paragraph 19 above) to carry out (nor have we been invited to carry out) some kind of tick-box exercise to see what changes or improvements are contained in the present Bill. Further, just as the fact that there have been improvements does not necessarily mean that the previous system prior to the improvements was non-compliant (paragraph 62 above), similarly the fact that there could be further improvements does not mean of itself that the present system is non-compliant.  87. As noted at paragraph 64 above the statutory framework (set out in detail in the Appendices to this Judgment), which governs the use by the SIAs of BCD and BPD, is significant: (i) in relation to the matters we are considering, each of the SIAs may only exercise its powers for the purpose of exercising the statutory functions of protecting national security, safeguarding the economic well-being of the United Kingdom from external threats, or supporting law enforcement agencies in the prevention or detection of serious crime: (ii) each of the SIAs is under a duty, imposed by arrangements made under statute (e.g. SSA 1989 s.2 (2)(a)) not to obtain any information, by any means, except so far as is necessary for the proper discharge of its functions or disclosed to others except for prescribed purposes and (iii) there are substantial statutory protections, in particular under the Official Secrets Act 1989, against the misuse by any person of information obtained by the SIAs. 88. We turn to deal with the specific criticisms made by the Claimant in respect of the present and continuing arrangements, which we have set out in Appendices A (BCD) and B (BPD) to this Judgment, extracted from the Appendices to the Respondents' Skeleton, referred to in paragraph 71 above.  There were few such criticisms, but they seem to us all (with one potential exception, referred to in paragraph 95 below) not to amount to invalidation of the arrangements presently constituted and published, which are all subject to the statutory duties of the SIAs under the SSA 1989 and the ISA 1994, to the other statutory provisions there referred to (including the Data Protection Act 1998) and to the continuing oversight by the Commissioners. 89. In the July Review of directions given under s.94, published in July 2016, the I C C made recommendations at section 12, and made observations at section 4 as to matters which could be included in a code of practice, if one were to be promulgated. The Claimant in its skeleton argument at paragraph 73 places reliance on the point that not all the matters referred to in paragraphs 4.14 and 4.15 have yet been adopted in practice. However the Commissioner acknowledges that there is no provision www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 25/53