Part 4: Retention of communications data Section 88: Matters to be taken into account before giving retention notices
This section sets out a number of factors that the Secretary of State must take into account before giving a retention notice to a telecommunications operator. These include: the likely benefits of giving such a notice; the likely number of users of the telecommunications service; the technical feasibility of complying with the notice; the likely costs of compliance; and any other impact that the notice may have on the telecommunications operator. In addition the Secretary of State must take reasonable steps to consult a telecommunications operator before giving it a notice.