Part 4Retention of communications data

Safeguards

88I1Matters to be taken into account before giving retention notices

1

Before giving a retention notice F1, including in relation to one or more of the purposes mentioned in sub-paragraphs (i) to (vi) of section 87(1)(a) (purposes for which retention of communications data may be required), the Secretary of State must, among other matters, take into account—

a

the likely benefits of the notice,

F2aa

the telecommunications services to which the retention notice relates,

ab

the appropriateness of limiting the data to be retained by reference to—

i

location, or

ii

descriptions of persons to whom telecommunications services are provided,

b

the likely number of users (if known) of any telecommunications service to which the notice relates,

c

the technical feasibility of complying with the notice,

d

the likely cost of complying with the notice, and

e

any other effect of the notice on the telecommunications operator (or description of operators) to whom it relates.

2

Before giving such a notice, the Secretary of State must take reasonable steps to consult any operator to whom it relates.