If the question relates to section 94 of the Telecommunications Act, then I am afraid I can neither confirm nor deny any issues in relation to the utilisation or otherwise of section 94 (James Brokenshire, 18.3.2014)
As an MP, Julian Huppert spent considerable time pushing for information about the ‘astonishingly broad power’ of clause 94 of the Telecommunications Act 1984, a clause which enables the Government to require telecommunications providers to cooperate with them in very broad terms. He tried to find out how often these extra ordinary powers were used and who, if anyone, was checking they were being used appropriate. He got nowhere.
As a result of litigation brought by Privacy International, the staggering use of this power has been exposed. Huppert’s suspicions were on track – GCHQ and MI5 have used section 94 to collect our data in bulk. They have been using these powers for 19 years in total secret, without even the Intelligence and Security Committee of Parliament having any knowledge of the use of Bulk Communications Data, or that section 94(1) was being (ab)used.
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