Interception
Communication service provider obligations
Communications service providers (CSPs) are organisations that provide postal services and telecommunications services such as the telephone and internet.
The law says CSPs must provide assistance to enable interception of content transmitted on their network to comply with interception warrants.
Obligations relating to interception
CSPs may be served with a notice by the Secretary of State requiring them to maintain a permanent intercept capability. In practice, agreement is always reached by consultation and negotiation.
CSPs that are not required to maintain an interception capability can be required to provide reasonable assistance to the authorities when interception is required.
Costs and technical ramifications
If a CSP is served with a notice and considers the cost or technical requirements unreasonable, it may refer the notice to the Technical Advisory Board (TAB).
The TAB is an advisory body that includes experts from government and the communications services industry. Its role is to advise the Home Secretary on whether disputed notices are reasonable.
After considering the TAB’s advice the Home Secretary may either withdraw a notice or serve a further notice with or without modifications.
Find out more about CSPs and retaining data.
