RIPA Part I Chapter II consultation

4.1 The Act^[64] recognises that CSPs incur costs in complying with notices to disclose communications data, and allows for arrangements for making appropriate payments to them. Similar arrangements are appropriate where a CSP incurs costs in making provision for the acquisition of communications data upon the grant of an authorisation under the Act.

• ^[64] Section 24 of the Act

4.2 The provision of appropriate funding to CSPs ensures that they can provide, outside of their normal business practices, an effective and efficient response to public authorities’ necessary, proportionate and lawful requirements for the disclosure and acquisition of communications data in support of their investigations and operations to protect the public and to bring to justice those who commit crime.

4.3 It is legitimate for a CSP to seek contributions towards its costs which may include an element providing for funding of those overheads required in order to comply with notices or to provide for the acquisition of communications data. This is especially relevant for CSPs which employ staff specifically to manage compliance with the requirements made under the Act, supported by bespoke information systems. Contributions can also be appropriate towards costs incurred by a CSP which needs to update its systems to maintain, or make more efficient, its disclosure process or where the provision of new services will require investment in technology in order to comply with requirements for the disclosure and acquisition of communications data relating to the use made of such services.

4.4 Any CSPs seeking to recover appropriate contributions towards its costs should make available to the Home Office such information or assurance as is required to provide assurance that proposed cost recovery charges represent an appropriate contribution to the costs incurred by the CSP.