Agenda item

Report of the Director of Law and Governance

The Audit and procurement Committee considered a report of the Director of Law and Governance that outlined 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 Regulation of Investigatory Powers Act 2000 (RIPA) enabled the Council to use covert surveillance; covert human intelligence sources (CHIS); and the acquisition of service use or subscriber information in relation to communications data in a manner that was compatible with Article 8 of the European Convention on Human Rights governing an individual’s right to respect for their private and family life, home and correspondence.

The Council used powers under RIPA to support its core functions for the purpose of preventionand detectionof crimewhere anoffence maybe punishableby acustodial 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 (“CHIS”).

The Act set out the procedures that the Council must follow if it wished to use directed surveillancetechniques or acquirecommunications datain orderto supportcore function activities (e.g. typically those undertaken by Business Compliance and Environmental Health). The information obtained as a result of such operations, could later be relied upon in court proceedings providing RIPA was complied with.

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 Home Office Code for Covert Surveillance and Property Interference recommended that Elected Members, whilst not involved in making decisions or specific authorisations for the local authority to use its powers under Part II of the Act, should review the Council’suse of thelegislation andprovide approvalto itspolicies. TheCouncil adopted this approach for oversight of the authority’s use of Parts I and II of the Act.

The Council was required to have a Senior Responsible Officer to maintain oversight of the RIPA arrangements, procedures and operations. The Council’s Monitoring Officer performed this function and was responsible for the integrity of the Council’s process for managing the requirements under RIPA.

The Committee noted that, for the period 1st January 2024 to 31st December 2024, no applications were made for either the Use of Directed Surveillance or Covert Human Intelligence sources or the Use of Acquisitions and Disclosure of Communications Data.

The Committee asked questions and sought assurances at the meeting from officers on matters including: the procedures that the Council must follow if it wished to use directed surveillance techniques or acquire communications data; the strictly regulated use of the powers under the Act for the purpose of prevention and detection of crime, that had resulted in no applications being made for its use in 2024; the impact the use of the powers could have on an individual’s right to respect for their private and family life, home and correspondence; the Senior Responsible Officer, that being the Council’s Monitoring Officer, to maintain oversight of the RIPA arrangements, procedures and operations and ensuring the integrity of the Council’s process for managing the requirements under RIPA; the definition of covert and overt surveillance work; the work that took place across the Authority through the use of other powers, particularly for prosecution and enforcement work: and the actions that could be taken through the use of overt surveillance.

The Committee were satisfied with the Council’s use and compliance with the Regulation of Investigatory Powers Act 2000 and requested that consideration be given to the inclusion of information on the work that had taken place across the Authority through the use of other powers, to provide a wider picture in future RIPA reports. Officers undertook to review the outcome of prosecution and enforcement work, for example relating to fraudulent trading activity or underage sales of alcohol or tobacco, to determine where this should be reported.

The Committee further requested that information on the use of powers under RIPA for the period January – July 2025, be circulated to Members.

RESOLVED that, having considered the report, the Audit and Procurement Committee:

1)  Notes the Council’s use and compliance with the Regulation of Investigatory Powers Act 2000.

2)  Determines that there are no recommendations to be forwarded to the Cabinet Member for Policing and Equalities as officers will take away the comments made at the meeting and feedback to the committee.