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) "(6). In this section "Traffic data", in relation to any communication, means (a) any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted, (b) any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted…." 26. Communications data, therefore, comprises, or includes, the date and time on which a call or electronic communication is made and received, the parties to it, the apparatus by which it is made and received and, in the case of a mobile telephone communication, the location from which it is made and in which it is received.  It can include billing records and subscriber information.  Just about the only information not included is the content of communications. 27. There is a detailed statutory scheme under which communications data can be lawfully obtained and disclosed, set out in Chapter II of Part I RIPA.  The Claimant's case is that the obtaining of communications data is only lawful under these provisions.  The Respondents' case is that communications data may also lawfully be provided to the Security Service and GCHQ under a direction given by the Secretary of State under s. 94 of the 1984 Act. 28. The starting point must be to analyse the power granted to a Secretary of State under s. 94 when it was originally enacted.  The Bill received Royal assent on 12 April 1984.  The Act and s.94 should be set in context.  In 1984 the only commercially available telecommunications services in the United Kingdom were by landline.  The first commercial mobile telephone call was made on 1 January 1985 via Cellnet.  There was no internet.  The first dial-up service was introduced in March 1992.  The Foreign Secretary and the Home Secretary had, since the introduction of landline telephones, been empowered under the royal prerogative to issue personally warrants to intercept, via tapping, landline telephone calls.  The only communications data held by telecommunications operators was subscriber information and call records from which statements of account were prepared to send to subscribers.  Apart from telephone numbers which were ex-directory, subscriber information was publicly available in telephone directories.  The only communications data which the Security Service or GCHQ (the existence of which was not formally acknowledged) might have been expected to wish to acquire was subscriber information for ex-directory numbers and call records, to enable them to fulfil their (then) primary defensive tasks of counterespionage (against the Soviet Union and its satellites) and counterterrorism (against Northern Ireland terrorists). 29. This context was also the setting for s. 45 of the 1984 Act, which as originally enacted provided (in material part): "(1). A person engaged in the running of a public telecommunications system who otherwise than in the course of his duty -(a) intentionally intercepts a message sent by means of that system; or (b) where a message so sent has been intercepted, intentionally discloses to any person the contents of that message, shall be guilty of an offence. (2).  A person engaged in the running of a public telecommunication system who otherwise than in the course of his duty intentionally discloses to any person the contents of any statement of account specifying the telecommunications services provided for any other person by means of that system shall be guilty of an offence. (3).  Subsection (1) above does not apply to anything done in obedience to a warrant under the hand of the Secretary of State; and paragraph (b) of that subsection and subsection (2) above do not apply to any disclosure in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings." www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 10/53