Issue - meetings

Background:

This report sought approval of the Covert Surveillance Policy and Guidance under the Regulation of Investigatory Powers Act 2000 (RIPA).

It was noted that the Council had at its disposal a number of means of investigating and prosecuting offences and in some specific circumstances it may be necessary to undertake covert investigations. It was noted that the Office of Surveillance Commissioners had inspected the Council in 2009 and 2012 and following the recent inspection an action plan had been produced which included approval of a covert surveillance policy. Members were also informed that the law that related to covert surveillance was changing and the report detailed the law and the changes.

The Covert Surveillance Policy and Guidance would also be presented to the Audit Committee on 10 July 2012, with the Committee being requested to provide quality assurance of the process used to obtain any covert surveillance evidence for the year 2012/13.

Members were advised of a number of proposed amendments to the Covert Surveillance Policy and guidance, which are set out below:

• Amendments to the Covert Surveillance Policy to take account of recent changes in the law and to more accurately reflect how the Council obtains communications data.

para 17.3 and 17.4 should read

”Judicial Approval for obtaining or disclosing communications data

17.3 Chapter 2 of Part 1 of RIPA (as amended by the Protection of Freedoms Act 2012, Part 2) sets out the specified grounds for authorising the acquisition and disclosure of communications data

Judicial Approval for directed surveillance and covert human intelligent sources (CHIS)

17.4 Part 2 of RIPA (as amended by the Protection of Freedoms Act 2012, Part 2) specifies the grounds for which authorisations can be granted for carrying out directed surveillance and for the use of CHIS.”

Para 17.7 – The threshold has now been introduced by SI 2012/1500 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2012

·        Guidance– Communications data

Para 11.1 Delete “within the council”

Para 11.2 Delete all after “SPOCs (Single Point of Conatact) currently having…….” and replace with

“Medway Council currently uses the National Anti-Fraud Network (NAFN) as their SPOC. NAFN is a membership organisation open to all public sector bodies providing key benefits that support members to protect the public purse and deliver effective financial governance. It is recognised by the Home Office as an expert single point of contact for data requests under the Regulation of Investigatory Powers Act 2000 for the acquisition of Communications Data.”

It was noted that a Diversity Impact Assessment screening form had been undertaken and was attached at Appendix 2 to the report. This had shown that it was not necessary to undertake a full assessment on the draft policy.