Agenda item

Report of the Managing Director.

The Cabinet Member with the Resources Portfolio introduced the report of the Managing Director (previously circulated) updating Members on issues relevant to the use of the Regulation of Investigatory Powers Act (RIPA) 2000; developments that have taken place since the last report to Cabinet in October 2020 (Minute C46/Oct/20 refers); and requesting that consideration be given to approving a revised RIPA Policy (also previously circulated).

The submitted report stated that the RIPA 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 the RIPA Policy had been amended as a result of the Inspection by the Investigatory Powers Commissioner’s Office that took place in August 2020 and reported in October’s Cabinet Report (Minute C46/Oct/20 refers) and to pick up on forthcoming changes to the Council’s senior management structure.

RESOLVED – (a) That the developments that have taken place since October 2020, as detailed in the submitted report, be noted.

(b) That the RIPA Policy, as appended to the submitted report, be approved, to come into force on 1 June 2021.

(c) That further reports on the use of RIPA and associated issues, be submitted to further 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.

(c) To update the RIPA policy and procedures to reflect both legislative, operational and structural changes.