Decision details

Regulation of Investigatory Powers Act 2000 - Annual Review 2021/22

Decision Maker: Cabinet

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decisions:

Summary

 

The Customer and Locality Services Portfolio Holder presented the Regulation of Investigatory Powers Act (RIPA) 2000 - Annual Review 2021/22, which detailed the review of the operation of the Council’s surveillance policies and practices.

 

The report indicate that between 1 April 2021 and 31 March 2022, there had been no applications for authorisation for Directed Surveillance or use of Covert Human Intelligence Source, nor had there been any live authorisations or applications for authorisation at the date on which the report had been submitted. There had also been no non-RIPA authorisation requests.

 

The Review had taken into account the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR). In addition as part of the review, relevant officers had confirmed that the Council’s CCTV Policy had been adhered to throughout the period.

 

The report further outlined that an E-Learning package had been obtained and rolled out by the Monitoring Officer during 2021 and that the Council’s procedures were available on the Intranet, with the Legal, Governance and Democracy Senior Specialist (Monitoring Officer) also being available to provide advice to officers on compliance with RIPA.

 

Following a query from Members regarding applicable legislation regarding personal CCTV use on private property, the Legal, Governance and Democracy Senior Specialist (Monitoring Officer) undertook to provide a written response to a question but noted that this was outside the remit of the RIPA Annual Review.

 

In response to a question regarding the frequency of RIPA authorisations, the Legal, Governance and Democracy Senior Specialist (Monitoring Officer) reminded members that although the review was done on an annual basis, any specific requests would need to be authorised on a case-by-case basis.

 

Decision

 

RESOLVED – That the review of the operation of the Council’s policies and procedures as regards the Regulation of Investigatory Powers Act 2000 for the year 2021/22 be noted.

 

Reason for Decision

 

The decision cuts across all four Council Plan Priorities:-

 

·         Working across boundaries:

·         Delivering a balance community;

·         A fairer South Lakeland; and

·         Addressing the climate emergency.

 

Alternative Options

 

The review has been undertaken to comply with legislation and the report is presented for information and note. An alternative option is not presented.

Report author: Julia Krier

Publication date: 11/11/2022

Date of decision: 09/11/2022

Decided at meeting: 09/11/2022 - Cabinet

Accompanying Documents: