Decision details

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 2023 (Minute C43/Sep/23 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; no RIPA directed surveillance applications or IPA communications data applications had been authorised since the last report to Cabinet; and provided a training update.

It was reported that the Investigatory Powers Commissioner’s Officer (IPOCC) had following an inspection in September 2023, confirmed that they were satisfied that assurance had been provided that ongoing compliance with RIPA and IPA would be maintained and as a result a further inspection was not required until 2026.  The IPOCC asked that the Council ensure that the key compliance issues continue to receive the necessary internal governance and oversight through policy refreshes; updates to Cabinet; ongoing training and awareness raising; and internal compliance monitoring by lead managers within their business areas.

RESOLVED – (a) That the developments that have taken place since September 2023, 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 raising awareness and giving transparency about the use of RIPA and IPA in the Council.