Investigatory Powers Act 2016

88 Matters to be taken into account before giving retention notices U.K.

(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,

[F2 (aa) 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.

Textual Amendments

F1 Words in s. 88(1)(a) inserted (1.11.2018) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), regs. 1(3)(c), 9(a)

F2 S. 88(1)(aa)(ab) inserted (1.11.2018) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), regs. 1(3)(c), 9(b)

Commencement Information

I1 S. 88 in force at 30.12.2016 by S.I. 2016/1233, reg. 2(d)