Issue - meetings

[Report of the Assistant Director for Corporate Governance. To be introduced by the Cabinet Member for Corporate Resources.] The report will set out the issues relevant to the use the regulation of investigatory powers and provide an updated policy for approval.

The Cabinet Member for Corporate Resources introduced the report which set out the details of the Regulation of Investigatory Powers Act (RIPA).This ensured that all public authorities were able to carry out covert surveillance on a statutory basis without breaching The Human Rights Act 1998, Article 8, the right to privacy. Elected members were required to review Haringey’s use of RIPA and approve its policy.

The Cabinet Member advised that the Council makes very limited use of RIPA legislation – no applications have been made in 2016/17but the Council needs to make sure that its policy and procedures complied with the Codes of Practice.

The Council was inspected on its use of RIPA in November 2016 which confirmed that the Councils procedures complied with Home Office guidance. The inspector made one recommendation that further training and guidance should be considered for those services that may use social media as part of their routine processes.

The policy had been updated at Section 6 – Social Networking Sites and Internet Sites. The previous version of the policy contained information on the use of social media (Facebook, Twitter, Whatsapp, Snapchat etc), but Section 6 now provided more detailed guidance on how to use social media within RIPA guidelines (at paragraph 6.2).

The updates to the policy with regard to the use of social media complied with guidance issued by the Home Office and the Office of the Surveillance Commissioner in 2016.

RESOLVED

1. To note the use of RIPA by the Council;

2. To approve the amended RIPA policy at Appendix 1 (updated at Section 6 – Social Networking Sites and Internet Sites) and agrees that the officers listed in the appendix to Appendix 1 be permitted to authorise directed surveillance and the use of covert intelligence under s.28 and S.29 of RIPA 2000 prior to judicial approval; and

3. To delegate responsibility for updating and maintaining operational procedures for RIPA, in line with the Council’s approved RIPA policy, to the Assistant Director for Corporate Governance.

Reasons for decision

The Protection of Freedoms Act requires members to be advised about the use of powers under RIPA and to approve the Council’s policy for the use of directed surveillance.

Alternative options considered

The Codes of Practice that cover RIPA require the Council to report the use of its powers under the Act and obtain member approval for its policy on the use of RIPA. This report fulfils the Council’s requirements under the Codes of Practice. There are no alternative reporting or approval options available under the Codes of Practice.