RIPA Part I Chapter II consultation

3.25 Giving of a notice is appropriate where a CSP is able to retrieve or obtain specific data, and to disclose that data, unless the grant of an authorisation is more appropriate. A notice may require a CSP to obtain any communications data, if that data is not already in its possession.

3.26 The ‘giving of a notice’ means when a notice is served upon a CSP whether in writing or, in an urgency, orally.

3.27 The decision of a designated person whether to give a notice shall be based upon information presented to them in an application.

3.28 The notice should contain enough information to allow the CSP to comply with the requirements of the notice.

3.29 A notice – the original or a copy of which must be retained by the SPoC within the public authority – must:

• be given in writing^[46] or, if not, in a manner that produces a record, within the public authority, of its having been granted;
  
• include a unique reference number and also identify the public
  authority;^[47]
  
• specify the purpose for which the notice has been given, by reference to a statutory purpose under 22(2) of the Act;
  
• describe the communications data to be obtained or disclosed under the notice specifying, where relevant, any historic or future date(s)and, where appropriate, time period(s);
  
• include an explanation that compliance with the notice is a requirement of the Act;
  
• specify the office, rank or position held by the designated person giving the notice. The name (or designation) of the designated person giving the notice should also be recorded;
  
• specify the manner in which the data should be disclosed. The notice should contain sufficient information to enable a CSP to confirm the notice is authentic and lawful;
  
• record the date and, when appropriate to do so, the time when the notice was given by the designated person, and
  
• where appropriate, the notice should provide an indication of any urgency or time within which the CSP is requested to comply with the requirements of the notice.^[48]
  • ^[46] The preparation and format of a notice must take into account that when served on a CSP by the use of a facsimile machine or other means the notice remains legible.
  • ^[47] This can be a code or an abbreviation. It could be that part of a public authority’s name which appears in its e-mail address. For police services it will be appropriate to use the Police National Computer (PNC) force coding.
  • ^[48] See footnote 32

  3.30 A notice must not place a CSP under a duty to do anything which is not reasonably practicable for the CSP to do.^[49]

  • ^[49] See Section 22(7) of the Act

  3.31 In giving notice a designated person may only require a CSP to disclose the communications data to the designated person or to a specified person working within the same public authority. This will normally be the public authority’s SPoC.

  3.32 Ordinarily the CSP should disclose, in writing or electronically, the communications data to which a notice relates not later than the end of the period of ten working days from the date the notice is served upon the CSP
  .
  3.33 Where the designated person determines, if necessary upon the advice of the SPoC, that there are specific circumstances which mean that if a notice were given the CSP could not comply within ten working days the designated person shall indicate such longer period as the notice may specify up to a period of one month from the date notice is given^[50].

  • ^[50] The DCG has service level agreements with many CSPs dealing with the disclosure of certain communications data where the period of 10 working days cannot ordinarily be met.