Act of Parliament | |
Long title | An Act to make provision about the Secret Intelligence Service and the Government Communications Headquarters, including provision for the issue of warrants and authorisations enabling certain actions to be taken and for the issue of such warrants and authorisations to be kept under review; to make further provision about warrants issued on applications by the Security Service; to establish a procedure for the investigation of complaints about the Secret Intelligence Service and the Government Communications Headquarters; to make provision for the establishment of an Intelligence and Security Committee to scrutinise all three of those bodies; and for connected purposes. |
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Citation | 1994 c. 13 |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 26 May 1994 |
Commencement | |
Other legislation | |
Relates to | |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Intelligence Services Act 1994 (c. 13) is an Act of the Parliament of the United Kingdom.
The Act, sometimes abbreviated as ISA, [2] is introduced by the long title which states:
An Act to make provision about the Secret Intelligence Service and the Government Communications Headquarters, including provision for the issue of warrants and authorisations enabling certain actions to be taken and for the issue of such warrants and authorisations to be kept under review; to make further provision about warrants issued on applications by the Security Service; to establish a procedure for the investigation of complaints about the Secret Intelligence Service and the Government Communications Headquarters; to make provision for the establishment of an Intelligence and Security Committee to scrutinise all three of those bodies; and for connected purposes.
The Act placed SIS and GCHQ on a statutory footing for the first time. The role of SIS was defined as: "to obtain and provide information relating to the actions or intentions of persons outside the British Islands; and to perform other tasks relating to the actions or intentions of such persons". The Act provided for a tribunal to investigate complaints and an oversight committee (the Intelligence and Security Committee of Parliament) composed of nine MPs reporting to the Prime Minister. [3]
The Act also gives the Secretary of State for Foreign and Commonwealth Affairs the power to grant immunity from British prosecution to SIS personnel when they engage in any acts while on operations abroad that would be illegal under British law, such as murder. [4]
Section 1 of the act provides authority for the Secret Intelligence Service (MI6) to conduct intelligence activities, while Section 3 provides the similar basis for the Government Communications Headquarters (GCHQ):
in the interests of national security, with particular reference to the defence and foreign policies of His Majesty's government in the United Kingdom; or in the interests of the economic wellbeing of the UK; or in the support of the prevention or detection of serious crime [5]
The phrase "interests of the economic wellbeing of the UK" has been criticised by European governments as appearing to authorise industrial espionage. [5]
The activities of the intelligence agencies of the United Kingdom are regulated by the Regulation of Investigatory Powers Act 2000 (RIPA) [5] which incorporates by reference the Human Rights Act 1998. [2]
Disclosed by Edward Snowden in 2013: Acting under the authority granted by the act British intelligence agencies have monitored foreign leaders and diplomats at international conferences such as meetings of the G20. [6] [7] The information gathered has been used to brief senior British participants during the conferences. [5]
Disclosed by Edward Snowden in 2013: Under warrants which authorise intercepting internet traffic by tapping into fibre optic cables the Tempora program gathers all traffic flowing through the cables at the intercept point and then, using search algorithms which select material which conforms to the purposes authorised by the warrants, logs promising results for further examination. In addition to "interests of the economic wellbeing of the UK", the purposes include "intelligence on the political intentions of foreign governments; military postures of foreign countries; terrorism, international drug trafficking and fraud." [8]
Government Communications Headquarters (GCHQ) is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the United Kingdom. Primarily based at "The Doughnut" in the suburbs of Cheltenham, GCHQ is the responsibility of the country's Secretary of State for Foreign and Commonwealth Affairs, but it is not a part of the Foreign Office and its director ranks as a Permanent Secretary.
MI5, officially the Security Service, is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), Government Communications Headquarters (GCHQ), and Defence Intelligence (DI). MI5 is directed by the Joint Intelligence Committee (JIC), and the service is bound by the Security Service Act 1989. The service is directed to protect British parliamentary democracy and economic interests and to counter terrorism and espionage within the United Kingdom (UK). Within the civil service community, the service is colloquially known as Box, or Box 500, after its official wartime address of PO Box 500; its current address is PO Box 3255, London SW1P 1AE.
Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by local and federal governments or governmental organizations, but it may also be carried out by corporations. Depending on each nation's laws and judicial systems, the legality of and the permission required to engage in mass surveillance varies. It is the single most indicative distinguishing trait of totalitarian regimes. It is often distinguished from targeted surveillance.
GCHQ Bude, also known as GCHQ Composite Signals Organisation Station Morwenstow, abbreviated to GCHQ CSO Morwenstow, is a UK Government satellite ground station and eavesdropping centre located on the north Cornwall coast at Cleave Camp, between the small villages of Morwenstow and Coombe. It is operated by the British signals intelligence service, officially known as the Government Communications Headquarters, commonly abbreviated GCHQ. It is located on part of the site of the former World War II airfield, RAF Cleave.
The Wilson Doctrine is a convention in the United Kingdom that restricts the police and intelligence services from tapping the telephones of members of the House of Commons and House of Lords. It was introduced in 1966 and named after Harold Wilson, the Labour Prime Minister who established the rule. Since it was established, the development of new forms of communication, such as mobile phones and email, has led to extensions of the doctrine. However, it was never extended to cover members of the new devolved legislatures.
The Five Eyes (FVEY) is an Anglosphere intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States. These countries are party to the multilateral UK-USA Agreement, a treaty for joint cooperation in signals intelligence. Informally, "Five Eyes" can refer to the group of intelligence agencies of these countries. The term "Five Eyes" originated as shorthand for a "AUS/CAN/NZ/UK/US Eyes Only" (AUSCANNZUKUS) releasability caveat.
Homeland Security Group is an executive directorate of the UK government Home Office, created in 2007, responsible for leading the work on counter-terrorism in the UK, working closely with the police and security services. The office reports to the Home Secretary, and to the Minister of State for Security and Counter-Terrorism. Its current Director General is Chloe Squires, who is the senior government official responsible for counter-terrorist and organised crime strategy.
The Director of the Government Communications Headquarters is the highest-ranking official in the Government Communications Headquarters (GCHQ), a British intelligence agency that specialises in signals intelligence, information assurance and cryptography. The director is a Permanent Secretary, and appointed by and reports to the Secretary of State for Foreign and Commonwealth Affairs.
The Intelligence Services Commissioner, was a regulatory official in the United Kingdom appointed under Section 59 of the Regulation of Investigatory Powers Act 2000. They are tasked with reviewing actions and warrants taken by the Secretary of State under the Intelligence Services Act 1994 and the activities of British intelligence only in regard to the use of surveillance, covert human intelligence sources and interception of communications by MI5, MI6, and GCHQ assuming such actions and activities are not being reviewed by the Interception of Communications Commissioner.
The Investigatory Powers Tribunal (IPT) is a first-instance tribunal and superior court of record in the United Kingdom. It is primarily an inquisitorial court.
Sir Charles Blandford Farr was a British civil servant, intelligence officer, and diplomat. He was Chairman of the Joint Intelligence Committee and Head of the Joint Intelligence Organisation at the Cabinet Office until his death in February 2019. Before that, from 2007 until 2015 Farr was the Director of the Office for Security and Counter-Terrorism (OSCT) at the United Kingdom's Home Office.
The Telecommunications Act 1984 is an Act of the Parliament of the United Kingdom. The rules for the industry are now contained in the Communications Act 2003.
Tempora is the codeword for a formerly-secret computer system that is used by the British Government Communications Headquarters (GCHQ). This system is used to buffer most Internet communications that are extracted from fibre-optic cables, so these can be processed and searched at a later time. It was tested from 2008 and became operational in late 2011.
The Secret Intelligence Service (SIS), commonly known as MI6, is the foreign intelligence service of the United Kingdom, tasked mainly with the covert overseas collection and analysis of human intelligence on foreign nationals in support of its Five Eyes partners. SIS is one of the British intelligence agencies and the Chief of the Secret Intelligence Service ("C") is directly accountable to the Foreign Secretary.
The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other countries, including western European countries.
During the 2010s, international media reports revealed new operational details about the Anglophone cryptographic agencies' global surveillance of both foreign and domestic nationals. The reports mostly relate to top secret documents leaked by ex-NSA contractor Edward Snowden. The documents consist of intelligence files relating to the U.S. and other Five Eyes countries. In June 2013, the first of Snowden's documents were published, with further selected documents released to various news outlets through the year.
The Doughnut is the nickname given to the headquarters of the Government Communications Headquarters (GCHQ), a British cryptography and intelligence agency. It is located on a 71 hectares site in Benhall, in the suburbs of Cheltenham, Gloucestershire, in South West England. The Doughnut accommodates 5,500 employees; GCHQ is the largest single employer in Gloucestershire. Built to modernise and consolidate GCHQ's multiple buildings in Cheltenham, the Doughnut was completed in 2003, with GCHQ staff moving in the same year, and fully moved into the building in 2004. It is the largest building constructed for secret intelligence operations outside the United States.
The Government of the United Kingdom maintains several intelligence agencies that deal with secret intelligence. These agencies are responsible for collecting, analysing and exploiting foreign and domestic intelligence, providing military intelligence, and performing espionage and counter-espionage. Their intelligence assessments contribute to the conduct of the foreign relations of the United Kingdom, maintaining the national security of the United Kingdom, military planning, public safety, and law enforcement in the United Kingdom. The four main agencies are the Secret Intelligence Service, the Security Service (MI5), the Government Communications Headquarters (GCHQ) and Defence Intelligence (DI). The agencies are organised under three government departments, the Foreign Office, the Home Office and the Ministry of Defence.
The Investigatory Powers Act 2016 is an Act of the Parliament of the United Kingdom which received royal assent on 29 November 2016. Its different parts came into force on various dates from 30 December 2016. The Act comprehensively sets out and in limited respects expands the electronic surveillance powers of the British intelligence agencies and police. It also claims to improve the safeguards on the exercise of those powers.
The Investigatory Powers Commissioner (IPC) is an "Arms-Length" public official in the United Kingdom who oversees the use of investigatory powers of public authorities such as Police, Law Enforcement Agencies, Intelligence Services, Local Councils and Prisons. They lead the Investigatory Powers Commissioner's Office (IPCO) and are assisted in their functions by Judicial Commissioners, who are all required to have held high judicial office.
Under Section 7 of the Intelligence Services Act, the Secretary of State can authorize persons to commit acts abroad for which they may not be held liable under British law. By implication, that includes all criminal law relating to the use of lethal force... Despite its protections, the act does not and cannot immunize agents from the law of the foreign lands in which they operate.
According to the documents, the certificate authorises GCHQ to search for material under a number of themes, including: intelligence on the political intentions of foreign governments; military postures of foreign countries; terrorism, international drug trafficking and fraud