CHAPTER 7: PRACTICE
7.72.
A Technical Advisory Board, set up pursuant to RIPA s13, brings together industry
experts in a personal capacity, Government and agency representatives to advise the
Home Secretary on the reasonableness of requirements imposed on companies to
provide an interception capability. The Board does not have any regular meetings.
7.73.
A Communications Data Steering Group, jointly chaired by industry and police
representatives, provides a forum for the discussion amongst CSP representatives
and some of the users of communications data. The group’s role is entirely advisory.
7.74.
There has been no similar group that examines interception issues from a multilateral
perspective, though a Lawful Interception Strategy Group is being established at
which Government, Agency and industry representatives will meet from May onwards.
7.75.
None of these bodies has any representative of civil society groups. Furthermore,
most of the evidence I received from CSPs observed there was an insufficient habit
of communication and consultation between the Government and the companies on
the policy for and practical impact of interference with communications for intelligence
and investigation.
The Costs of Interception and Communications Data Use
7.76.
Under RIPA s14, the Government must make a fair contribution towards the costs
incurred by a service provider in implementing an interception capability, whether this
is a standing capability required under s12 or just to give effect to a warrant, under
s11. In practice this has been up to 80% of the capital cost of new interception
capabilities and 100% of the ongoing operational costs. Where a service provider
expands its network, it is expected to meet itself any increased capital costs of
interception that arise.
7.77.
The companies’ capital costs are paid by the Home Office, the operational costs are
met by the intercepting agencies based on the projected costs for the year ahead and
apportioned to each agency based on relative usage. I was shown the costs of
interception and asked not to publish them, in line with the Government’s usual
practice so that inferences cannot be drawn about the nature of these capabilities.55
7.78.
The same reticence does not apply to publishing the costs of communications data
used by public authorities. Grant payments to service providers to retain data were
£13.5 million in 2013-14. Following the enactment of DRIPA 2014, grant payments
are now made under the Data Retention Regulations 2014/2042. Public authorities
also pay a charge for accessing communications data; these totalled £12.3 million in
2013-14.
55
Evidence from the Home Office, April 2015.
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