Agenda item

Annual Review of Council Policy on Covert Surveillance

To seek approval for an updated Covert Surveillance Policy in accordance with the Statutory Codes of Practice applying to the Regulation of Investigatory Powers Act 2000 (RIPA).

 

 

Minutes:

Cabinet received a report seeking approval of an updated Covert Surveillance Policy. The draft Policy had been considered by the Regulation and Review Committee on 22 October 2020 and had been referred to Cabinet for further consideration and, if appropriate, approval. No substantive changes had been proposed as the previously adopted Policy remained fit for purpose.

 

The aims of the Authority’s Policy were to:

 

           Set out the Authority’s arrangements for complying with the Regulation of Investigatory Powers Act 2000 (RIPA); the relevant Codes of Practice and guidance issued by the Home Office; and guidance from the Investigatory Powers Commissioner’s Office (IPCO);

           Give effect to the rights of citizens to respect for their private and family lives (pursuant to the Human Rights Act 1998); and

           Protect the Authority from legal challenge when undertaking surveillance.

 

The report detailed the outcome of a virtual online inspection visit from the Investigatory Powers Commissioner’s Office (IPCO) on 7 September 2020.  The purpose of the IPCO inspection was to examine the policies, procedures, operations and administration the Authority had in place in relation to the use of directed surveillance and covert human intelligence sources.  The outcome of the inspection had been very supportive of the Authority’s actions to manage its responsibilities under RIPA and a small number of recommendations had been made as set out in the report.

 

The Codes of Practice applying to RIPA indicated that elected members of a local authority should review its use of RIPA and set the general surveillance policy at least annually. A local authority should also consider internal reports on the use of RIPA to ensure that it was being used consistently in compliance with the Authority's Policy and that the Policy remained fit for purpose.

 

To meet these requirements the Policy Statement provided that:

 

           Cabinet receives an annual report covering the Authority’s use of RIPA powers, and review of the Policy for the following year;

           Reports would be presented to the Regulation and Review Committee on the Authority’s use of RIPA powers. The Committee’s role would be to look at compliance, oversight and use of RIPA. The Committee would also consider whether the Policy remained fit for purpose and recommend changes to the Policy as appropriate for Cabinet’s consideration; and

           The Elected Mayor would receive regular updates from the Senior Responsible Officer regarding the use of the Authority’s powers.

 

Cabinet considered the following decision options: To approve the Authority’s Policy on Covert Surveillance, attached as Appendix 1 to the report, and review and note the use of surveillance by the Authority in the preceding year, or alternatively, to ask officers to revise the draft Policy and/or provide additional information regarding any matters contained in the report.

 

Resolved that (1) the Authority’s Policy on Covert Surveillance, attached at Appendix 1 to the report, be approved; and

(2) the use of surveillance by the Authority in the preceding year, as set out in the report, be noted.

(Reason for decision:  Approving the Authority’s Policy on Covert Surveillance will secure adherence to the recommended best practice contained within the Codes of Practice.  In particular, the Code of Practice – Covert Surveillance and Property Interference indicates that elected members should review the Authority’s use of Part II of the Regulation of Investigatory Powers Act 2000 and set the policy at least once a year.)

Supporting documents: