Uk Isc GCHQ Surveillance Statement
Uk Isc GCHQ Surveillance Statement
Uk Isc GCHQ Surveillance Statement
Our investigation
5. The ISC has taken detailed evidence from GCHQ. Our investigation has included scrutiny of GCHQs access to the content of communications, the legal framework which governs that access, and the arrangements GCHQ has with its overseas counterparts for sharing such information. We have received substantive reports from GCHQ, including:
There are other matters arising from the leaks that we are considering, although we note that none alleges as the PRISM story did any illegality on the part of GCHQ.
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a list of counter-terrorist operations for which GCHQ was able to obtain intelligence from the US in any relevant area; a list of all the individuals who were subject to monitoring via such arrangements who were either believed to be in the UK or were identified as UK nationals; a list of every selector (such as an email address) for these individuals on which the intelligence was requested; a list of the warrants and internal authorisations that were in place for each of these individual being targeted; a number (as selected by us) of the intelligence reports that were produced as a result of this activity; and the formal agreements that regulated access to this material.
We discussed the programme with the NSA and our Congressional counterparts during our recent visit to the United States. We have also taken oral evidence from the Director of GCHQ and questioned him in detail.
It has been alleged that GCHQ circumvented UK law by using the NSAs PRISM programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded. We have reviewed the reports that GCHQ produced on the basis of intelligence sought from the US, and we are satisfied that they conformed with GCHQs statutory duties. The legal authority for this is contained in the Intelligence Services Act 1994. Further, in each case where GCHQ sought information from the US, a warrant for interception, signed by a Minister, was already in place, in accordance with the legal safeguards contained in the Regulation of Investigatory Powers Act 2000.
Next Steps
6. Although we have concluded that GCHQ has not circumvented or attempted to circumvent UK law, it is proper to consider further whether the current statutory framework 2 governing access to private communications remains adequate. 7. In some areas the legislation is expressed in general terms and more detailed policies and procedures have, rightly, been put in place around this work by GCHQ in order to ensure compliance with their statutory obligations under the Human Rights Act 1998. We are therefore examining the complex interaction between the Intelligence Services Act, the Human Rights Act and the Regulation of Investigatory Powers Act, and the policies and procedures that underpin them, further. We note that the Interception of Communications Commissioner is also considering this issue.
The Intelligence Services Act 1994, the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000.
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NOTES TO EDITORS 1. The Intelligence and Security Committee of Parliament (ISC) is a statutory committee of Parliament that has responsibility for oversight of the UK intelligence community. The Committee was originally established by the Intelligence Services Act 1994, and has recently been reformed by the Justice and Security Act 2013. 2. The Committee oversees the intelligence and security activities of the UK, including the policies, expenditure, administration and operations of the Security Service (MI5), the Secret Intelligence Service (MI6) and the Government Communications Headquarters (GCHQ). The Committee also scrutinises the work of other parts of the UK intelligence community, including the Joint Intelligence Organisation and the National Security Secretariat in the Cabinet Office; Defence Intelligence in the Ministry of Defence; and the Office for Security and CounterTerrorism in the Home Office. 3. The Committee consists of nine Members drawn from both Houses of Parliament. The Chair is elected by its Members. The Members of the Committee are subject to Section 1(1)(b) of the Official Secrets Act 1989 and are routinely given access to highly classified material in carrying out their duties. The current membership is: The Rt. Hon. Sir Malcolm Rifkind, MP (Chairman) The Rt. Hon. Hazel Blears, MP The Rt. Hon. Lord Butler KG GCB CVO The Rt. Hon. Sir Menzies Campbell CH CBE QC, MP Mr Mark Field, MP The Rt. Hon. Paul Goggins, MP The Rt. Hon. George Howarth, MP Dr. Julian Lewis, MP The Most Hon. The Marquis of Lothian PC QC DL 4. The Committee sets its own agenda and work programme. It takes evidence from Government Ministers, the Heads of the intelligence Agencies, officials from the intelligence community, and other witnesses as required. The Committee is supported in its work by an independent Secretariat and an Investigator. It also has access to legal and financial expertise where necessary. 5. The Committee produces an Annual Report on the discharge of its functions. The Committee may also produce Reports on specific investigations.
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