Issue - meetings

To receive a report on the Council’s use of Regulation of Investigatory Powers Act (2000) (RIPA)

Jayne Middleton-Albooye, Head of Legal Services introduced the report.

NOTED:

1.     There are four purposes for the report; to note that there was a periodic inspection by the Investigatory Powers Commissioners Office arising from this there were some small changes to the policy and procedures in place; to note these changes to the policy and to note the general findings and finally to note that there has not been any use of surveillance or CHIS powers in 2020.

2.     The findings of the inspector are set out on page 131 of the agenda pack. This was a light touch inspection.

3.     It is also clarified that the policy should be reviewed annually.

Comments, questions and queries:

·         Concern was expressed that the powers were not used for fly tipping. It was confirmed that since the requirement came into force, it is necessary to go to court to get authorisation to use powers. This has led to a lot of local authorities not using the power. There are different ways instead of using covert surveillance to gather information.

·         Following comments that there are legitimates reasons for using RIPA to enable evidence. It was confirmed that there have not been any requests for directed surveillance. Departments are gathering evidence in different ways. Gemma Young advised from the perspective of the fraud team it is very resource intensive and expensive to use these powers to, for example, watch a house as has been used in the past. The law has changed so that this power can only be used if the suspected crime is punishable with a 6-month prison sentence. The fraud team use other ways of gathering evidence such as the access to data sets including credit agency data.

AGREED to note the report on the Council’s Use of Regulation of Investigation Powers Act (2000) (RIPA).