Issue - meetings

Bal Nahal, Head of Legal Services, presented an update on the Council’s use of surveillance and acquisition of communication data powers under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA).

As previously with the Office of Surveillance Commissioners (OSC), the Council was required to notify the Investigatory Powers Commissioners Office of the number of directed surveillance/CHIS authorisations granted in each financial year. Since the last report, the Council had not used its powers under RIPA to use directed surveillance, covert human intelligence sources or to acquire communications data. A statistical return was completed and submitted to the Investigatory Powers Commissioners Office (IPCO) on 25th January, 2023.

The last inspection by the IPCO was a desk top inspection on 7^th July, 2020, which had recommended training to all officers who may be involved with RIPA authorisations.  External training was provided to all officers involved or likely to be involved in the use of the powers provided under the RIPA legislation on 3^rd March, 2022.  More recently, and to ensure that this training was up-to-date and new staff joining were aware of their roles, a further session was held on 13^th and 14^th June, 2023.  The purpose of this was to further reduce any potential risk arising from any unauthorised activity.

In accordance with the revised Home Office Codes of Practice, the use of RIPA and review of the Policy was reviewed and re-adopted by the Audit Committee on 28^th July, 2022.  Minor changes had been made to the policy consisting of minor changes to personnel and references to revised Codes of Practice.

It was noted that the powers were used by councils who conducted a lot of Trading Standards investigations whereby covert intelligence was used.  Of the 3 neighbouring authorities, Sheffield used them the most often.

Training was provided to all officers who were likely to use the powers to gain an understanding of their impact.

Resolved:- (1)  That the Audit Committee note that the Council had not made use of surveillance or acquisition of communication data powers under the relevant legislation since it was last reported on 9th February, 2022.

(2)  That the RIPA Policy with the minor amendments relating to personnel and references to the Code of Practice be approved.