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)
a prescribed office, rank or position with a relevant public authority that has been
designated for the purpose of acquiring communications data by order." (§2.9)
(b) "The designated person must believe that the conduct required by any authorisation or
notice is necessary. He or she must also believe that conduct to be proportionate to what is
sought to be achieved by obtaining the specified communications data – that the conduct is
no more than is required in the circumstances. This involves balancing the extent of the
intrusiveness of the interference with an individual's right of respect for their private life
against a specific benefit to the investigation or operation being undertaken by a relevant
public authority in the public interest" (§2.5) Further details were given at §§3.7-3.14.
(d) Provisions concerning disclosure, handling and storage of communications data: Chapter 7.
Acquisition and Disclosure of Communications Data Code of Practice 2015
56. The Acquisition and Disclosure of Communications Data Code of Practice of March 2015 ("the
2015 CD Code") contained similar provisions as to:
(a) Necessity and proportionality: see §2.1; §§2.6-2.9. However, more detailed guidance on necessity
and proportionality was given at §§2.36-2.45.
(b) The procedure for making an application: §§3.3-3.6.
(c) Designated Persons: §2.10; §3.7ff.
(d) Disclosure, handling and storage of communications data: Chapter 7.
57. Guidance was also given in the 2015 CD Code about Communications Data involving specified
professions: §3.72-§3.84.
Interception of Communications Codes of Practice (2002 and 2016)
58. GCHQ has throughout the periods under consideration as a matter of policy applied the appropriate
safeguards set out in the Interception of Communications Code of Practice 2002 and, subsequently, the
Interception of Communications Code of Practice 2016, to all operational data, including BCD
obtained under s.94 directions. Those Codes of Practice included provisions as to:
(a) Necessity and proportionality in relation to
(a) Applications for and the granting of warrants: 2016 Code, §3.5-§3.7, §5.2-§5.5,
§6.9-§6.11, §6.13.
(b) Renewal/cancellation of warrants: 2016 Code, §3.21; §5.14; §5.17; §6.22.
(b) Requirement to consider potential collateral intrusion: 2016 Code, §4.1;
(c) Safeguards in respect of disclosure, handling, copying and retention of material ( 2016 Code,
§7.3, §7.5-§7.6, §7.9); storage and destruction ( 2016 Code, §6.8, §7.8).
APPENDIX B: THE BPD REGIME
1. The regime in respect of Bulk Personal Datasets ("BPD") which is relevant to the activities of the
Intelligence Services principally derives from the following statutes:
(a) the Security Services Act 1989 ("the SSA") and the Intelligence Services Act 1994 ("the ISA");
(b) the Counter-Terrorism Act 2008 ("the CTA");
(c) the Human Rights Act 1998 ("the HRA");
www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH)
40/53