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) his possession by virtue of his position as a member of any of those services": s. 1(1) of the OSA. A disclosure is made with lawful authority if, and only if, it is made in accordance with the member's official duty (s. 7(1) of the OSA). Thus, a disclosure of information by a member of any of the Respondents that is e.g. in breach of the relevant "arrangements" (under s. 4(2)(a) of the ISA) will amount to a criminal offence. Conviction may lead to an imprisonment for a term not exceeding two years and/or a fine (s. 10(1) of the OSA). 27. Further, a member of the Intelligence Services commits an offence if he fails to take such care, to prevent the unauthorised disclosure of any document or other article relating to security or intelligence which is in his possession by virtue of his position as a member of any of those services, as a person in his position may reasonably be expected to take. See s. 8(1) of the OSA, as read with s. 1(1). Conviction may lead to an imprisonment for a term not exceeding three months and/or a fine (s. 10(2) of the OSA). Internal Handling Arrangements from 4 November 2015 to the date of the hearing and as at the date of the hearing 28. The Section 94 Handling Arrangements, which came into force on 4 November 2015, apply to bulk communications data obtained under section 94 of the Telecommunications Act 1984. They are mandatory and required to be followed by staff in the Intelligence Services. Failure to comply may lead to disciplinary action, which can include dismissal and prosecution (§§1.1-1.3). 29. The Section 94 Handling Arrangements expressly relate to communications data which is limited to "traffic data" and "service use information" (§2.2). These terms are defined at §3.5.1 and §3.5.2 by reference to s.21(4) and (6) of RIPA: "3.5.1 Section 21(4) of RIPA defines 'communications data' as meaning any of the following: - Traffic Data – this is data that is or has been comprised in or attached to a communication for the purpose of its transmission [section 21(4)(a)]; - Service Use Information – this is the data relating to the use made by a person of a communications service [section 21(4)(b)]; 3.5.2 Section 21(6) defines 'traffic data' for these purposes, in relation to any communication, as meaning: - any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted; - 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; - any data comprising signals for the actuation of apparatus used for the purposes of a telecommunications system for effecting (in whole or in part) the transmission of any communication; and - any data identifying the data or other data as data comprised in or attached to a particular communication, but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored." 30. The data provided does not contain communication content or Subscriber Information or Internet Connection Records (§2.3). Subscriber Information is defined at §3.5.1: "Subscriber Information – this relates to information held or obtained by a communications service provider about persons to whom the communications service provider provides or has provided communications services [section 21(4)(c)]." www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 33/53