Audit and Governance Committee

15 January 2024

Use of Authorised Covert Surveillance

For Decision

Portfolio Holder:	Cllr S Flower, Leader of the Council

Executive Director:	J Mair, Director of Legal & Democratic

Report Author:	Marc Eyre

Title:	Service Manager for Assurance

Tel:	01305 224358

Email:	marc.eyre@dorsetcouncil.gov.uk

Report Status: Public

Brief Summary: The Shaping Dorset Council Shadow Executive approved a policy in March 2019 setting out how Dorset Council will comply with the Regulation of Investigatory Powers Act 2000 (RIPA). This legislation relates to covert surveillance (ie carried out without the knowledge of the individual subject to the surveillance) used for preventing or detecting a criminal offence which would be punishable by a prison sentence of at least twelve months. There is an approval process that needs to be followed when utilising RIPA, including magistrates court sign off.

Use of RIPA is regulated by the Investigatory Powers Commissioners Office. At the last “desktop” inspection, the regulator identified a number of areas within the existing policy that required amendment. The revised policy submitted for approval addresses these issues, ie:

the process that the Council should follow for covert surveillance where RIPA does not apply (referred to as “RIPA light”) (2.6 of the policy);

a section on use of social media (Section 5);

clarification of record retention of approvals (2.7; 4.9);

training arrangements (Section 6); and

reporting arrangements (4.11).

The Council must report annually to the regulator any instances where RIPA has been followed. This has been a nil return since the policy was established in 2019. The Committee will be aware that an Annual Information Governance report is now submitted towards the beginning of each financial year, and this will include any report on use of RIPA and/or RIPA light.

Consultation on the revised policy has included the Strategic Information Governance Board (as well as its standing operational working group), in addition to key services with potential to utilise covert surveillance and legal services.

Recommendation: To approve the revised Use of Authorised Covert Surveillance policy.

Reason for Recommendation: To ensure compliance with RIPA and other associated surveillance legislation.

Financial Implications

None

Environmental Implications

None

Well-being and Health Implications

None

Other Implications

None

Risk Assessment

HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk:	Low

Residual Risk:	Low

Equalities Impact Assessment

EqIA screening assessment completed ahead of the original policy development in 2019 and concluded that no protected groups were disadvantaged or targeted in any way by this policy.

Appendices

Use of Authorised Covert Surveillance Policy

Appendix A - Authorisation for Covert Surveillance (RIPA – Light Process)

Background Papers

Existing Regulation of Investigatory Powers Act 2000 (RIPA) Policy