Surveillance

Technical Capability Notices do not directly require the disclosure of data. It is the separate authorisations or warrants that allow access to data. Each authorisation or warrant addresses matters of necessity and proportionality and collateral intrusion specific to the case in question.

As part of the decision to give a Technical Capability Notice, the Secretary of State must consider, among other factors, the likely benefits of the notice, the likely number of users of a service to which the notice relates, and the technical feasibility and likely cost of compliance for the operator. In addition, the decision must include consideration of whether what is sought to be achieved by the notice could reasonably be achieved by other less intrusive means.