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 2021 (Minute C39/Sep/21 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.
References were made to the Home Office consultation on the redrafted Covert Human Intelligence Sources (CHIS) Code of Conduct, which reflected the new provisions contained in the CHIS (Criminal Conduct) Act 2021, that had closed on 6 February 2022; the Investigatory Powers Commissioner’s Annual Report; and to the refresher training that had been undertaken with officers.
RESOLVED – (a) That the developments that have taken place since September 2021, as detailed in the submitted report, be noted.
(b) That further reports on the use of Regulation of Investigatory Powers 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 update the RIPA policy and procedures to reflect both legislative, operational and structural changes.