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Update to the Covert Surveillance and Access to Communications Data Policy and Guidance Notes

Meeting: 16/09/2019 - Audit, Governance and Standards Committee (Item 38)

38 Update to the Covert Surveillance and Access to Communications Data Policy and Guidance Notes pdf icon PDF 67 KB

Additional documents:

Minutes:

The Trainee Lawyer Corporate Governance introduced his report outlining proposed amendments to the Covert Surveillance and Access to Communications Data Policy and Guidance Notes (the “Policy”) to address the recommendations set out in the report of the Investigatory Powers Commissioner’s Office following their inspection in June 2018.  It was noted that:

 

·  The revised Policy incorporated the up to date guidance produced by the Surveillance Commission and also amendments to the Regulation of Investigatory Powers Act (RIPA) in relation to communications data.

 

·  The Council had not authorised any activity under RIPA since 2012.  However, there was a risk of litigation and challenge if authorisations were incorrectly given in the future without proper understanding of the current requirements.  The actions set out in the Inspector’s report and the Officer’s report to the Committee would mitigate any such risks.

 

In response to questions by Members, the Head of Legal Partnership advised the Committee that she could not comment on surveillance equipment used by Parish Councils if indeed they did undertake covert activities.  As local authorities, it would be their responsibility to comply with the legislation.  She would review the report to see whether amendments were required to reflect the use of mobile CCTV systems by the Council and equipment part funded by the Council or used by contractors working on behalf of the Council, and report back to the Committee.  She would also review the Policy to ensure that it is gender neutral.

 

It was suggested and agreed that the Officers be requested to arrange for an item to be included on the agenda for the next meeting of the Parish Liaison Committee to highlight Parish Councils’ obligations under RIPA.

 

RESOLVED: 

 

1.  That subject to the points raised in the discussion, the revised Covert Surveillance and Access to Communications Data Policy and Guidance Notes (“the Policy”) be approved in order to meet the recommendations set out in the IPCO’s report, specifically:

 

a)  the addition at section 4.2 of the Policy that urgent oral authorisations can no longer be relied upon;

b)  the update at section 2.7.3 of the Policy to remove reference to urgency provisions and add the requirement to record the date that any authorisations are given;

c)  the addition at section 1.8 of the Policy highlighting the requirement for the Co-ordinating Officer to ensure training is carried out at regular intervals; and

d)  the addition at section 1.39 of the Policy that a register shall be kept in the Central Record containing a list of all online Council profiles utilised and a record of their use when carrying out surveillance of social media sites.

 

2.  That the Officers be requested to arrange for an item to be included on the agenda for the next meeting of the Parish Liaison Committee to highlight Parish Councils’ obligations under RIPA.