Agenda item

Report of the Deputy Chief Executive (Place)

The Committee considered a report of the Deputy Chief Executive (Place) which reported on the Council’s use of the Regulation of Investigatory Powers Act 2000 (RIPA), which governed the acquisition and disclosure of communications data and the use of covert surveillance by local authorities.

The report indicated that the Council used powers under RIPA to support its core functions for the purpose of prevention and detection of crime where an offence may be punishable by a custodial sentence of 6 months or more or were related to the underage sale of alcohol and tobacco. There were three processes available to local authorities under RIPA: the acquisition and disclosure of communications data; directed surveillance; and covert human intelligence sources.

The report detailed the procedures that local authorities must follow when applying to use RIPA powers. The Council’s Monitoring Officer maintained oversight of the RIPA arrangements and was responsible for the integrity of the Council’s process for managing the requirements under RIPA. 

2019 saw the implementation of Part 3 of the Investigatory Powers Act 2016 (IPA). The introduction of this legislation had seen the most significant change to the acquisition of communications data in recent years. The IPA consolidated all existing powers available to law enforcement and other agencies. It radically overhauled the way these powers were authorised and overseen. The legislation also ensured that the powers conveyed were fit for the fast-moving digital age that we live in. The IPA had introduced the Office for Communications Data Authorisation (OCDA) which was now responsible for independently authorising all applications for communications data. This had removed the requirement for local authorities to seek judicial approval for communications data. In addition, the legislation had broadened the range of communications data available including access to location data. 

The acquisition of communications data was undertaken through the National Antifraud Network (NAFN). They acted as the single point of contact for many local authorities and ensured the application was RIPA/ IPA compliant.

Details of the applications that the Council had made under RIPA were detailed in the report. For the period 1 January to 31 December 2019 four direct surveillance applications were granted, three were cancelled and one was extant at the end of the year. The Committee noted that all of the requests covered core functions permitted by the Act and were for the purpose of preventing and detecting crime. There were no reported instances of the Council having misused its powers under the Act. No applications for the disclosure of communications data were made during the period. 

The Committee questioned the officer on several issues, including the use of minors in connection with underage sales of alcohol and/or tobacco and the options for using surveillance to assist with the problems of fly-tipping.

RESOLVED that:-

1) The Council’s use and compliance with the Regulatory and Investigatory Powers Act be approved.

2) The Cabinet Member for Policing and Equalities be requested to consider the issue of using surveillance in response to incidents of fly-tipping.