Decision - Surveillance Policy – annual report on the Regulation of Investigatory Powers Act

(1)         That Cabinet approves the continued use of covert surveillance and the accessing of communications data as an enforcement tool to prevent and detect all crime and disorder investigated by its officers, providing the necessity and proportionality rules are stringently applied.

(2)         That Cabinet approves the amendments to the Policy and Procedures in line with the recommendations made by the Surveillance Commissioner.

1.      The introduction of the Corporate Enforcement Policy should help to ensure that identified breaches of the law are dealt with in the most appropriate manner.  However, it is essential that officers are able to use the RIPA powers for all crimes regardless of how trivial some may be perceived, but only after exhausting all other methods of enforcement.  As authorisation is generally given at Head of Service level and above, it is unlikely that these powers will be abused.

2.      The implementation of an Annual Review has made the whole process transparent and demonstrated to the public that the correct procedures are followed.

1.      Consideration was given to recommending that Cabinet stipulate those crimes that were trivial and therefore the powers referred to in the report should never be used.  This approach is not considered necessary given the level at which authorisations are made.

2.      A review of ‘surveillance activities’ could be the subject of the normal scrutiny process and this option has equal merit.