Defence lawyers are also expected to argue that the IPT had “blurred the distinction” between bulk warrants, which allow mass collection of data only for national security purposes, and thematic warrants, which can be used to collect data on multiple targets for fighting crime.
This has the effect of widening the National Crime Agency’s ability to collect mass communications data without the safeguards imposed by the bulk warrant regime, which requires the authorisation of the secretary of state and only allows data to be used for intelligence purposes.
This was contrary to a ruling by the European Court of Justice that “general and indiscriminate” gathering of telecommunications traffic data cannot be justified in a democratic society and Article 8 of the European Convention on Human Rights, which protects the right to private communications.
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