Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
To inform and update Members about issues
relevant to the use of the Regulation of Investigatory Powers Act
2000 and developments and recent developments.
The Cabinet Member with the Resources Portfolio introduced the report of the Group Director of Operations (previously circulated) informing and updating Members on issues relevant to the use of the Regulation of Investigatory Powers Act (RIPA) 2000 and developments that have taken place since the last report to Cabinet in September 2022 (Minute C184/Sep/22 refers).
The submitted report stated that the RIPA Act 2000 enabled local authorities to carry out certain types of surveillance activity as long as specified procedures were followed; the Investigatory Powers Act 2016 (IPA) was the main legislation governing the acquisition of communications data; the information obtained could be relied upon in court proceedings providing RIPA and IPA was complied with; and that no RIPA directed surveillance applications or IPA communications data applications had been authorised since the last report to Cabinet.
It was reported that the Investigatory Powers Commissioner’s Office (IPCO) had published guidance for those who wanted to disclose information about the use of investigatory powers; a draft Statutory Instrument had been laid in relation to the updated Code of Practice, in order to bring into force the revised Covert Human Intelligence Codes of Practice; and outlined the recent training that had been undertaken.
RESOLVED – (a) That the developments that have taken place since September 2022, as detailed in the submitted report, be noted.
(b) That further reports on the use of Regulation of Investigatory Powers (RIPA) and Investigatory Powers (IPA) and associated issues, be submitted to future meetings of Cabinet.
REASONS – (a) In order to ensure that the Council complies with the legal obligations under RIPA, IPA and national guidance.
(b) To help in giving transparency about the use of RIPA and IPA in the Council
Report author: Gail Banyard
Publication date: 10/03/2023
Date of decision: 07/03/2023
Decided at meeting: 07/03/2023 - Cabinet
Effective from: 18/03/2023