Agenda item

Report of the Strategic Director of Regeneration and Environment

Recommendations:-

1.    That the proposed amendment to the General Enforcement Policy be considered and approval be given to undertake public consultation in respect of the proposed changes to the Policy.

2.    That a further report be provided to Cabinet in spring 2019 for consideration following public consultation.

Consideration was given to a report which detailed how the Council had had an adopted General Enforcement Policy in place for a number of years. The Policy had since been reviewed and amendments made on a number of occasions, most recently in February, 2018.

This report, therefore, requested the approval for an amendment to the Policy clarifying the Council’s position with regard to the surveillance of social media sites used by individuals and businesses within Rotherham.  Over recent months it had become apparent that some sites were being used for illegitimate purposes by rogue individuals and traders, in particular in relation to fly-tipping and illegal and counterfeit goods.

Social media, despite being in the public domain, did not mean that rules around covert surveillance did not apply. Where information was made publicly available on social media platforms, logic would suggest that a reduced expectation of privacy would follow, where information relating to a person or group of people is made openly available within the public domain. However in some circumstances privacy implications still applied. This is because the intention when making such information available was not for it to be used for a covert purpose such as investigative activity.

In order to ensure the effective regulation of these individuals and traders, it was considered both necessary and appropriate to undertake proportionate surveillance of their activities on social media sites. In deciding whether online surveillance should be regarded as covert, consideration should be given to the likelihood of the subject knowing that the surveillance was or may be taking place.

As this surveillance constituted enforcement activity, it was, therefore, appropriate for this to be included within the General Enforcement Policy. Indeed, it was paramount that the Council was transparent in its approach to any potential investigation.

It was, therefore, proposed to amend Section 7 of the General Enforcement Policy to include reference to the Council undertaking surveillance within the powers and obligations available, in order to prevent and detect crime.

Given that the proposed introduction of social media surveillance as a regulatory and enforcement tool was a significant Policy change, it was considered appropriate within the terms of the Regulator’s Code and the General Enforcement Policy, that the public should be consulted and responses considered prior to adoption.

Resolved:-  (1)  That the proposed amendment to the General Enforcement Policy be considered and approval given to undertake public consultation in respect of the proposed changes to the Policy.

(2)  That a further report be submitted to the Cabinet in Spring, 2019 for consideration following public consultation.