Issue - meetings

This report summarises the current position in relation to the Regulation of Investigatory Powers Act 2000, considers how the Act has been used in recent years by the Council, seeks approval to the Council’s Policy in relation to the use of investigatory powers, and reconfirms authority for the Head of Legal & Democratic Services to make such changes to the policy as he thinks fit.

The Committee:

(1)          Noted the Council’s use of RIPA;

(2)          Approved the draft RIPA Policy set out in Annexe 2 to the report;

(3)          Authorised the Head of Legal and Democratic Services to make such changes to the policy as he thought fit from time to time.

The Committee received a report which summarised the current position in relation to the Regulation of Investigatory Powers Act 2000 and considered how the Act had been used in recent years by the Council. The report sought approval to the Council’s policy in relation to the use of investigatory powers and reconfirmation of authority for the Head of Legal and Democratic Services to make such changes to the policy as he thought fit.

The changes to the policy included some minor corrections and administrative changes as well as the addition of a specific section in relation to social media and “Non RIPA” surveillance. It was conceivable that the Council might consider it appropriate to undertake surveillance in circumstances where a RIPA authorisation would not be appropriate, such in the case of fly-tipping (which was raised at the meeting), and the changes to the policy sought to ensure that the same test was applied to decide whether such activity was necessary and proportionate.

Most investigations conducted by the Council were overt and did not require RIPA approval. No authorisations to conduct covert surveillance had been sought for at least 6 years. Most cases which involved regulated investigatory techniques involved benefit fraud and had been conducted in partnership with the Department of Work and Pensions and/or the Police and all necessary authorisations had therefore been processed by those other organisations.

It was noted that the Council was due to be inspected on 13 July 2017. Previous inspections had been undertaken by a judge but it appeared that, with the limited use of RIPA, a different level of scrutiny was being undertaken.

Accordingly, the Committee:

(1)          Noted the Council’s use of RIPA;

(2)          Approved the draft RIPA Policy set out in Annexe 2 to the report;

(3)          Authorised the Head of Legal and Democratic Services to make such changes to the policy as he thought fit from time to time.