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) The SSA and ISA Security Service functions 4. By s.1(2) to (4) of the Security Service Act 1989 ("SSA"), the functions of the Security Service are the following: "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." "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." 5. The Security Service's operations are under the control of a Director-General who is appointed by the Secretary of State (s.2(1)). By s.2(2)(a) it is the Director-General's duty to ensure: "…that there are arrangements for securing that no information is obtained by the Service 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;…" GCHQ functions 6. By s. 3(1)(a) of the ISA, the functions of GCHQ include the following: "... to monitor or interfere with electromagnetic, acoustic and other emissions and any equipment producing such emissions and to obtain and provide information derived from or related to such emissions or equipment and from encrypted material ...." 7. By s. 3(2) of the ISA, these functions are only exercisable: "(a) in the interests of national security, with particular reference to the defence and foreign policies of Her Majesty's Government in the United Kingdom; or (b) in the interests of the economic well-being of the United Kingdom in relation to the actions or intentions of persons outside the British Islands; or (c) in support of the prevention or detection of serious crime." 8. GCHQ's operations are under the control of a Director, who is appointed by the Secretary of State (s. 4(1)). By s. 4(2)(a), it is the duty of the Director to ensure: "... that there are arrangements for securing that no information is obtained by GCHQ 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 or for the purpose of any criminal proceedings ..." 9. The functions of each of the Intelligence Services, and the purposes for which those functions may properly be exercised, are thus prescribed by statute. In addition, the duty-conferring provisions in section 2(2)(a) of the SSA and sections 2(2)(a) and 4(2)(a) of the ISA, otherwise known as "the information gateway provisions", place specific statutory limits on the information that each of the Intelligence Services can obtain and disclose. These statutory limits apply to the obtaining and disclosing of information from or to other persons both in the United Kingdom and abroad. www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 29/53