Issue - meetings

[Report of the Assistant Director of Corporate Governance. To be introduced by the Leader of the Council.]

Regulation of Investigatory Powers Act (RIPA) 2000: Use within the Council 2018/19 and review of to the Council's investigatory powers policies under RIPA 2000 and Investigatory Powers Act 2016.

The Leader of the Council introduced this report which informed Cabinet of issues relevant to the use of investigatory powers (under the Regulation of Investigatory Powers Act (RIPA) 2000 and Investigatory Powers Act (IPA) 2016) and provide a refreshed policy for approval.

The Leader noted RIPA provided a statutory framework for public authorities to use covert investigatory techniques, such as surveillance, where necessary and proportionate, for the purpose of preventing or detecting crime. The Council used RIPA infrequently but was required to report the use of directed surveillance to members. The Leader was satisfied that the Council uses the powers afforded to it under the RIPA legislation appropriately.

The Leader informed that changes brought in by the IPA provide a new framework for dealing with communications data; previously RIPA covered communications data. On this basis, the Leader recommended that Cabinet approve the revised RIPA policy for covert surveillance and covert human intelligence sources and a new, separate policy specific to communications data under IPA 2016.

In response to a question from Councillor James, the Leader noted that since 2015/16 RIPA had been used only once in the case of covert surveillance to capture evidence of the trade of illegally slaughtered sheep/goat carcasses.

RESOLVED

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

2. To approve the amended RIPA policy at Appendix 1; and

3. To approve the new IPA policy at Appendix 2.

Reasons for decision

The RIPA codes of practice state that members should review the Council’s use of investigatory powers at least annually. Therefore, although the powers under RIPA have been used sparsely in recent years, it is nevertheless important for members to be aware of the extent of usage.

There have been multiple legislative changes for investigatory powers since 2018. Therefore, it is important that the existing policy is updated. The proposed new policies reflect the most recent law and codes of practice.

Alternative options considered

Not applicable. If the Council’s use of investigatory powers was not noted, the Council would not be complying with the codes of practice and so this alternative has not been considered. Similarly, if the existing policy is not updated as suggested it will not account for changes in the law and codes of practice and so this alternative has not been considered.