The Investigatory Powers Commissioner’s Office (IPCO) conducts periodic inspections of local authorities’ use of their powers under the Regulation of Investigatory Powers Act 2000 (RIPA). The purpose of these inspections was to examine the Council’s policies, procedures, operations and administration in relation to directed surveillance and covert human intelligence sources (CHIS) under RIPA.

The last inspection took place on 16th August 2017 and although it was noted  that there had been no directed surveillance or CHIS been requested since 21st July 2014 the inspector made one recommendation which required a number of parts of Corporate RIPA policy to be updated and amended. In addition, the Inspector, while not a subject of a Recommendation, pointed out that the issue of the dual role of Senior Responsible Officer (SRO)/ Authorising Officer (AO) being exercised by one officer should be avoided. The roles should be separated. The purpose of the SRO was to maintain general oversight of RIPA compliance, including the integrity of the authorisation process, while the AO’s role was solely to authorise requested activity. There were some minor changes as set out in 4.2 iii & iv . The report would enable members to generally review the RIPA activity since the last report and implement the recommendation as contained in attached Corporate RIPA policy document.

Cllr Tumbridge MOVED and Cllr Cloke SECONDED an additional recommendation:

3. That Appendix 4 (of the Regulation of Investigatory Powers Act 2000 (RIPA) Corporate Policy – June 2018 – Appendix A of the report) be brought back for review with the data protection compliance report at the next meeting. 

A vote was taken by a show of hands for the additional recommendation which was RESOLVED UNANIMOUSLY. 

On the original recommendations, a motion was MOVED by Cllr Ms Rowlands and SECONDED by Cllr Cloke to approve the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY:

1.    That the Committee approves the amendments to the Corporate RIPA policy set out in Appendix A in accordance with the recommendation of the Surveillance Inspector.

2.    That the Committee note the statistical information relating to the

use of RIPA since September 2017.

3.    That Appendix 4 (of the Regulation of Investigatory Powers Act 2000 (RIPA) Corporate Policy – June 2018 – Appendix A of the report) be brought back for review with the data protection compliance report at the next meeting. 

Reasons for Recommendation

To implement the recommendation made by the Surveillance Inspector and changes in law and to assist with Members’ oversight and decision making in relation to the attached RIPA Policy.