Agenda item

Review of Surveillance Policy

Decision:

*RESOLVED -

1. That the officer’s report on the impact on the council of the Regulation of Investigatory Powers Act 2000, the response actions carried out following an inspection in 2016 and current best practice guidelines, be noted.

2. That the changes to the Council’s RIPA policies and procedures as detailed in the officer’s report be adopted and implemented.

3. That the Cabinet Member for Finance and Governance be delegated authority to make decisions on specified matters relating to the council’s use of RIPA powers.

4. That the Standards and Audit Committee receive annual reports on the council’s use of RIPA policies and procedures..

5. That the Local Government and Regulatory Law Manager be delegated authority to make any necessary and consequential constitutional amendments relating to RIPA policies and procedures.

REASON FOR DECISIONS

To enable the Council to operate the RIPA system effectively and as required by law and guidance.

Minutes:

The Local Government and Regulatory Law Manager submitted a report setting out the obligations placed on the council by the Regulation of Investigatory Powers Act 2000 and detailing the actions needing to be taken following an inspection by the Office of Surveillance Commissioners in 2016. The report also sought approval for a revised Surveillance Policy to be adopted and implemented by the council.

The report noted that the Regulation of Investigatory Powers Act 2000 (RIPA) was to regulate the use of different types of surveillance and to ensure that any surveillance that was carried out by the council was done in in a way that conformed with the requirements of the Human Rights Act (the right to privacy and the right to a fair trial). The Local Government and Regulatory Law Manager advised that the council very rarely used the types of surveillance regulated by the Act, and that any surveillance carried out by the council tended to be overt surveillance, with nothing secretive or hidden about it. It was further noted that the council had not needed to obtain any authorisations since February 2010.

The report also included details of the inspection visit made by the Office of Surveillance Commissioners, which had been carried out in 2016. The inspector’s report had recommended that the council should do more to keep itself ready for carrying out covert surveillance, in case the need arose. The officer’s report also included details of the other key recommendations made as a result of the inspection visit.

The council’s Surveillance Policy had been updated and amended to take account of the 2016 inspection report, and the proposed revised policy was attached as an appendix to the officer’s report.