proportionate. No interference should be considered proportionate if
the information which is sought could reasonably be obtained by other
less intrusive means.
3.7. The following elements of proportionality should therefore be
considered:
• Balancing the size and scope of the proposed interference against
what is sought to be achieved;
• Explaining how and why the methods to be adopted will cause the
least possible intrusion on the subject and others;
• Considering whether the activity is an appropriate use of the
legislation and a reasonable way, having considered all reasonable
alternatives, of obtaining the necessary result;
• Evidencing, as far as reasonably practicable, what other methods
have been considered and were either not implemented or have
been employed but which are assessed as insufficient to fulfil
operational objectives without the addition of the intercept material
sought.
Meaning of “telecommunications service”
3.8. Section 2 of RIPA defines “telecommunication service” as any
service that consists in the provision of access to, and of facilities for
making use of, any telecommunication system. Section 2(8A) of RIPA
makes clear that any service which consists in or includes facilitating
the creation, management or storage of communications transmitted,
or that may be transmitted, by means of such a system are included
within the meaning of “telecommunications service”. Internet based
services such as web-based email, messaging applications and cloudbased services are, therefore, covered by this definition. The
definition of “telecommunications service” in RIPA is intentionally
broad so that it remains relevant for new technologies.
9