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) 20. Since the proceedings commenced, as referred to above, there is now before Parliament a Bill.  Although the Claimant has referred to some parts of the Bill as examples of improvements which the Claimant asserts can and should be made to the present arrangements, or as indicating that the present arrangements are not satisfactory or compliant with Article 8, the Bill itself, and of course Parliament's consideration of it, will for obvious reasons not form part of our consideration. 21. It is important to emphasise that the Tribunal and the parties recognise that there is a serious threat to public safety, particularly from international terrorism, and that the SIAs are dedicated to discharging their responsibility to protect the public.  It is understandable in the circumstances that the Respondents, both through Mr. Eadie orally and by their evidence, have emphasised the important part which the use of BCD and BPD have played in furthering that protection, particularly where those who pose the threat are using increasingly sophisticated methods to protect their communications. In a Report published on 19th August 2016 (the "Bulk Powers Review") David Anderson QC, the Independent Reviewer of Terrorism Legislation, concluded that there is a proven operational case for the use of the powers to obtain and use BCD and BPD, that those powers are used across the range of activities of the SIA, from cyber-security, counter-espionage and counter-terrorism to child sexual abuse and organised crime, and that such powers play an important part in identifying, understanding and averting threats to Great Britain, Northern Ireland and elsewhere. This Report was published after the hearing and the parties will be given an opportunity to make submissions on the weight which should be attached to it on the issue of proportionality, Issue 4. At this stage we merely record these conclusions of the Report as indicating the purposes for which the SIAs seek to use the powers which are in issue in this case. The issue for this hearing is whether the use of such powers is justifiable at domestic law and in accordance with the Convention, and we turn to the four issues accordingly. ISSUE 1 22. The issue, as posed, requires to be refined in the light of the facts which are agreed between the parties: "Is it lawful under domestic law for a Secretary of State to issue directions to telecommunications and internet service providers (PECNs) to supply communications data to the Security Service and to GCHQ and for them to store and examine it?" 23. We will address this first issue at domestic law, independently of the law of the European Union and of the rights protected under the European Convention on Human Rights (ECHR). 24. "Communications data" is defined by s. 21(4) Regulation of Investigatory Powers Act 2000 ("RIPA"): "(4). In this Chapter "Communications data" means any of the following -(a) any traffic data comprised in or attached to a communication   (whether by the sender or otherwise) for the purposes of any postal service or telecommunications system by means of which it is being or may be transmitted; (b) any information which includes none of the contents of a communication (apart from any information falling within paragraph (a)) and is about the use made by any person -(i) of any postal service or telecommunications service; or (ii) in connection with the provision to or use by any person of any telecommunications service, of any part of a telecommunications system; (c) any information not falling within paragraph (a)or (b) that is held or obtained, in relation to persons to whom he provides the service, by a person providing a postal service or telecommunications service." 25. The relevant part of the definition of "Traffic data" is contained in s.21(6)(a) and (b): www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 9/53