Issue - meetings

Neil Concannon, Legal Services, presented an update on the use of covert surveillance and covert human intelligence sources (CHIS) carried out by Council officers under the Regulation of Investigatory Powers Act 2000 (RIPA).

The Council was required to notify the Office of Surveillance Commissioners (OSC) of the number of directed surveillance/CHIS authorisations granted in each financial year.  There had been no such authorisations this financial year so far.

The Council was also required to notify the Interception of Communications Commissioner’s Office of the number of authorisations for the acquisition and disclosure of communications data granted each calendar year.  There had been no such authorisations this calendar year so far.  

The Council’s Policies were last set in September, 2015; since that time there had been no amendments to the Home Office Codes of Practice.  In July 2016 the OSC had issued an amended procedures and guidance document in relation to convert surveillance/CHIS but this did not require any amendments to be made to the Council’s RIPA Policy.

The RIPA Policy had been amended to reflect an accurate list of the current authorising officers together with an additional paragraph clarifying that the Council’s RIPA Senior Responsible Officer (the Assistant Director of Legal Services) would maintain an up-to-date list of the current authorising officers.  This would be amended should there be any relevant personnel changes throughout the year.

Notification had been received that the Council would be inspected by the OSC in January 2017 to review its policies and procedures to comply with RIPA and the use it made of the directed surveillance/CHIS powers.  Details of the outcome of the inspection would be reported to the Committee.

Resolved:-  (1)  That the Council’s RIPA Policy and Acquisition and Disclosure of Communications Data Policy, as shown in Appendix A and B of the report submitted, be approved.

(2)  That the update on the figures for the use of RIPA and Communications Data authorisations be noted.

(3)  That it be noted that the Office of Surveillance Commissioners were due to carry out an inspection of the Council’s use of powers for directed surveillance/CHIS and the policies and procedures it had in place for that purpose in January, 2017.

(4)  That a report be submitted to the Audit Committee on the outcome of the aforementioned inspection.

(5)  That further annual corporate training take place with regard to the use of RIPA and Communications Data powers on 4^th January, 2017.

(6)  That a further update be provided in 6 months’ time.