RIPA - Statement of Use

Statement on the use of Covert Surveillance Techniques and Human Intelligence Sources

Introduction

1. The primary function of central and local government enforcement work is to protect the individual, the environment and a variety of groups such as children, consumers and workers. At the same time, carrying out enforcement functions in an equitable, practical and consistent manner helps to promote a thriving national and local economy. We are committed to these aims and to maintaining a fair and safe society.
2. The effectiveness of legislation in protecting individuals or sectors of society depends, crucially, on the compliance of those being regulated. We recognise that most people want to comply with the law.
3. We will, therefore, take care to help business and others meet their legal obligations without unnecessary expense, while taking firm action against those who flout the law, act irresponsibly or endanger the health of others.
4. On occasions, in the course of our enforcement work, it may become necessary to carry out surveillance work to fulfil our statutory duties. This policy is intended to demonstrate that this method of obtaining information or evidence will only be used when no other technique will suffice.
5. All citizens will reap the benefits of this policy, through effective enforcement of criminal legislation and the protection that it provides, with the minimum intrusion into the activities of the individual.

Regulation Of Investigatory Powers Act 2000

1. Surveillance plays a necessary part in modern life. It is used not just in the targeting of criminals, but also as a means of protecting the public from harm and preventing crime.
2. Within the Council, Housing Benefit Officers may need to covertly observe individuals suspected of benefit fraud and trading standards officers may need to covertly observe and then visit a shop or business premise as part of their enforcement function to verify the supply of goods or services (during such a visit it may be necessary to covertly video record a transaction, as it takes place). Similarly, planning enforcement staff may need to observe the activities of companies involved in mineral extraction, to ensure that statutory requirements are being met. Indeed, officers from each of the Council’s departments may all, on occasions, need to use covert surveillance techniques as part of their official duties.
3. Covert directed surveillance is undertaken in relation to a specific investigation or operation, where the person or persons subject to the surveillance are unaware that it is, or may be, taking place. The activity is also likely to result in obtaining private information about a person, whether or not it is specifically for the purpose of the investigation.
4. Our investigations may also require the use of Covert Human Intelligence Sources.  These may be under cover officers, agents or informants. Such sources may be used by the Council to obtain and pass on information about another person, without their knowledge, as a result of establishing or making use of an existing relationship. This clearly has implications as regards the invasion of a person’s privacy and is an activity which the legislation strictly regulates.
5. The Regulation of Investigatory Powers Act 2000 introduced a system of authorisation and monitoring of surveillance activities, to ensure that the rights of the individual were not unnecessarily compromised, in the pursuance of regulatory compliance. The RIPA also requires a similar control and authorisation procedure to be in place in respect to the acquisition of telecommunications data. The Council will need to comply with these requirements when obtaining telephone subscriber and billing information.
6. In addition, the Act put in place an Office of Surveillance Commissioners, whose duty it is to inspect those public bodies undertaking this type of work, and introduced an Investigatory Powers tribunal to examine complaints that human rights have been infringed.

Policy Statement

1. Torbay Council will not undertake any activity defined within the Regulation of Investigatory Powers Act 2000 without prior, or emergency, authorisation, from a trained, senior officer who is empowered to grant such consents.
2. The Authorising Officer will not permit the use of surveillance techniques or human intelligence sources unless the authorisation can be shown to be:
3. Necessary to prevent or detect crime or prevent disorder
4. In addition, the Authorising Officer must believe that the surveillance is proportionate to what it seeks to achieve. In making this judgement, the officer will consider whether the information can be obtained using other methods and whether efforts have been made to reduce the impact of the surveillance on other people, who are not the subject of the operation.
   1. Authorisations will, except in emergency where legislation permits, be made in writing and contain the following details:
   2. The action to be authorised
   3. The identity (if known) of the subject in the operation
   4. The grounds for the application
   5. The information being sought
   6. The potential for intrusion into the activities of others.
5. Intrusive surveillance operations are defined as activities using covert surveillance techniques, on residential premises, or in any private vehicle, which involves the use of a surveillance device, or an individual, in such a vehicle or on such a premise.  Torbay Council Officers are not legally entitled to authorise these types of operations.
6. However, public bodies are permitted to record telephone conversations, where one party consents to the recording being made and a Directed Surveillance authorisation has been granted.  On occasions, officers of the Council do need to record telephone conversations, to secure evidence.
7. It is the policy of this authority to be open and transparent in the way that it works and delivers its services. To that end, a well-publicised Corporate Complaints procedure is in place and further guidance will always be provided on request.