Issue - meetings

Following consideration of a report of the Head of Legal (Monitoring Officer), the Community Policy Development Group has made the following recommendations:

a)    The revised Regulation of Investigatory Powers Act (RIPA) policy be adopted; and

b)    Delegated authority be given to the Head of Legal Services (Monitoring Officer) to review the designation of the Co-ordinating Officer within the RIPA policy and to make such changes to that designation as she considers appropriate

The Cabinet had before it a *report of the Head of Legal (Monitoring Officer), the Community Policy Development Group at its meeting on 23 March 2021 had made the following recommendations:

a)    The revised Regulation of Investigatory Powers Act (RIPA) policy be adopted; and

b)    Delegated authority be given to the Head of Legal Services (Monitoring Officer) to review the designation of the Co-ordinating Officer within the RIPA policy and to make such changes to that designation as she considers appropriate

The Cabinet Member for Community Well-Being outlined the contents of the report stating that the Council had not used its RIPA surveillance powers in the last 12 months and that the last time those powers had been used was in 2014.  In 2018 the IPCO had conducted its 3 yearly review/inspection of the Council and had been pleased with the level of compliance shown.  Refresher training was commissioned in late 2018 for key Council officers involved in RIPA, particularly at approval/authorisation level.  He explained that the Senior Responsible officer was the Monitoring Officer and that this would not change, the SRO would review the designation of the co-ordinating officer as a solicitor as there may be a case that this post sit elsewhere within the establishment.

Consideration was given to:

·         The lack of hardware available should the authority wish to carry out surveillance

·         Whether the District officers should be better equipped to carry out surveillance – the meeting was reminded that there were a number of areas that the authority engaged with through the courts where they were not allowed to use RIPA powers and that there were different levels at which RIPA applied.

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr D J Knowles and seconded by Cllr B A Moore)

Reason for the decision – Statutory guidance requires the Council to review the RIPA and the RIPA policy annually.

Note: *Report previously circulated and attached to the minutes.

To receive a report from the Head of Legal Services (Monitoring Officer) providing an annual review of the Council’s RIPA policy.

The Group had before it a *report of the Head of Legal Services (Monitoring Officer) providing the annual review of the Council’s Regulation of Investigatory Powers Policy.

The officer outlined the contents of the report and stated that this was the annual review of the Policy which had been in place for a number of years. The Information Commissioners Office (ICO) reviewed the policy every three years and was due to be reviewed by them in the autumn of 2021.

The Head of Legal Services (Monitoring Officer) went on to thank Cllr A Wilce for his assistance in reviewing the policy.

In response to a question asked, the officer explained that with regard to using social media posts for enforcement, that although people lived out their private lives in public via social media, that the information they shared was still private and could not necessarily be used. She further explained that the rules about officers using Council systems to view and use private social media posts to instigate enforcement action was not clear and further clarification was being sought from the ICO.

It was therefore RECOMMENDED to the Cabinet that:

a)    The revised Regulation of Investigatory Powers Act (RIPA) policy be adopted; and

b)    Delegated authority be given to the Head of Legal Services (Monitoring Officer) to review the designation of the Co-ordinating Officer within the RIPA policy and to make such changes to that designation as she considers appropriate

(Proposed by the Chairman)

Reason for the decision – Statutory guidance requires the Council to use of RIPA and the RIPA policy annually.

Note: *Report previously circulated and attached to the minutes