Issue - meetings

Matter for Decision: A Code of Practice introduced in April 2010 recommended that Councillors review their authority’s use of the Regulation of Investigatory Powers Act 2000 (RIPA) and set its general surveillance policy at least once a year.

 

Decision of the Leader

 

The Leader resolved to:

 

i.       Review the Council’s use of RIPA set out in paragraph 5.1 of the officer's report.

 

ii.     Note and endorse the steps described in paragraph 5.1 and in Appendix 1 of the officer’s report as amended to ensure that surveillance is only authorised in accordance with RIPA.

 

iii.   Approve the amended general surveillance policy in Appendix 1 of the officer’s report as amended.

 

Reasons for the Decision: As set out in the officer’s report

 

Any alternative options considered and rejected: As set out in the officer’s report

 

Scrutiny Considerations:

 

The committee received a report from the Head of Legal Services.

 

In response to member’s questions the Head of Legal Services said the following:

 

       i.          Whilst the City Council had never used this course of action, access to communication data would be covered by the RIPA regulations.

     ii.          Whilst fraud investigations were currently carried out internally by City Council staff, RIPA regulations would still apply for any outsourced investigations.

   iii.          Routine overt CCTV operations were not covered by RIPA regulations.

 

At the request of Councillor Bick the Head of Legal Services proposed the following amended wording for the RIPA Procedure Guide at Appendix 1 of the officer’s report (deletions struck through and additions underlined):

 

Section 7: Directed Surveillance and Social Media

 

Any activity likely to interfere with an individual’s Article 8 rights should only be used when necessary and proportionate to meet the objectives of a specific case. If your proposed use of social media in connection with an investigation amounts to covert directed surveillance within the scope of RIPA by electronic means, an authorisation in accordance with the procedure set out in section 9. Where an investigator may need to communicate covertly online, for example contacting individuals using social media websites, a CHIS authorisation should be considered is likely to be needed and the Head of Legal Service should be consulted.

 

The Scrutiny Committee considered the amendment and endorsed it unanimously.

 

The Scrutiny Committee considered the recommendations and endorsed them unanimously.

 

The Leader approved the amended recommendation.

 

Conflicts of Interest Declared by the Leader (and any Dispensations Granted):

 

Not applicable.