Issue - meetings

Report of the Cabinet Member Corporate Services

RESOLVED THAT:

1.    The Policies attached to this report be formally adopted;

2.    The Chief Executive be authorised to approve future minor amendments to the Policies in consultation with the Cabinet member for Corporate Services, One Legal and the Counter Fraud Manager. 

The Cabinet Member Corporate Services presented the report. He emphasised that in the fight against fraud, local authorities may require certain investigatory functions in order to carry out surveillance of individuals and to make use of undercover officers and informants. As such actions may intrude on an individual’s privacy; investigations should not be undertaken without full and proper consideration.

The Regulation of Investigatory Powers Act (RIPA) was introduced in 2000 to ensure that public authorities’ actions are consistent with the 1999 Human Rights Act. The council’s current policy is based on the legislative requirements of RIPA, the Investigatory Powers Act (IPA) of 2016 and the Code of Practice relating to applications of use, directed surveillance, the use of covert human intelligence sources and the acquisition of communication data.

As the IPA now covers data communication requests, all applications are made online via the National Anti-Fraud Network (NAFN) which acts as a single point of contact for local authorities once their request for information has been ratified by the Office for Communication Data Authorisations. This is covered in the new Investigatory Powers Act 2016 Acquisition of Communications Data Policy. 

As RIPA applications are still subject to the same application process as outlined in the previous policy (in that the offence must meet the serious crime criteria), the council must have a Senior Responsible Officer and Authorising Officers to approve the application before the Court is approached. The updated policy reflects the recent changes in staffing, with the Senior Responsible Officer being the Managing Director Place and Economic Development, Tim Atkins and the Authorising Officers being the Executive Director People and Change, Darren Knight and the Director of Environment, Mike Redman. The refreshed Policy also introduces a mandatory requirement for staff to complete a non-RIPA Application Form where surveillance is being undertaken but the offence does not meet the serious crime criteria.

RESOLVED THAT:

1. The Policies attached to this report be formally adopted;
2. The Chief Executive be authorised to approve future minor amendments to the Policies in consultation with the Cabinet member for Corporate Services, One Legal and the Counter Fraud Manager.