1. Effective use of Social Media
Barry Tilzey
Lynn Sanger
Kevin Holland
14th September 2017

2. HRA Article 8 Privacy
In todays environment individuals operate in an on-line
environment and therefore leave a traceable information footprint across social media.
Social media appears to be open information which is shared within the Public Arena so why do we need to be considered in how we review social media?
The Human Rights Act – Article 8 provides a basic right to privacy and as representatives of a public body we need to be respectful of this basic right.

3. Office of Surveillance Commissioners (OSC) 2015
5.42. “…I repeat my view that just because this material is out in the open, does not render it fair game.
The Surveillance Commissioners have provided guidance that certain activities will require authorisation under RIPA or RIP(S)A and this includes repetitive viewing of what are deemed to be “open source” sites for the purpose of intelligence gathering and data collation.”

4. Working with Article 8 Privacy
Article 8 is a Qualified Right on Privacy
Which can be interfered with if:
Conducted under a proper legal basis
Is necessary in a democratic society
Pursues a recognised legitimate aim
But any interference must be necessary and proportionate

5. Why now?
Comments from the Office of Surveillance Commissioners Annual Report in relation to accessing open source material and social media: ‘Many local authorities have not kept pace with these developments. My inspections have continued to find instances where social networking sites have been accessed, albeit with the right intentions for an investigative approach, without any corporate direction, oversight or regulation’ Whilst guidance exists for those whose daily workload is focused on investigations, on an increasing basis officers outside of investigation teams are wanting and needing to access social media.
Following a recent inspection of the South West London Fraud Partnership (SWLFP), who investigate housing fraud within Wandsworth; they were advised to offer support to the wider council, regarding how social media is used.

6. Why now?
Following the Council’s latest Surveillance Commission Inspection, their Inspector commented that:
There is a very good policy, guidance and oversight regime in Wandsworth.
However, it was noted that this is mainly restricted to the Fraud Team and
the challenge was to ensure this was extended to other parts of the Council, in particular when using SNS, that are outside of the traditional RIPA audience”,

7. Law and Guidance Quick overview
Article 8 HRA 1998 – Right to private life.
One-off viewing - will require management approval beforehand
Repeated viewing may amount to surveillance so authority from the Senior Responsible Officer and a Magistrate will be required.
LA surveillance – authorised under The Protection of Freedoms Act 2012 – requires magistrate approval

8. Overview
As agents of the local authority, any searching and checking of social media for information about a parent or child is regulated under the Regulation of Investigatory Powers Act 2000 (RIPA)
Children services must comply with current legislation, as all others in the council should.
The overall ethos should be about protecting both the families we work with from misuse of powers in this sensitive area and protecting staff and the council from unnecessary complaints
Social workers who need to search social media for legitimate purposes should not be put off from doing so by the need to complete relevant forms to do so.

9. Finer points
Under the guidance, any searching for information on a child or adult via social media requires authorisation to do so
Open accounts (anyone can access) are still within the legislation as it is the act of searching and viewing that is controlled
This is also the case for any additional powers granted under the Children Act, in sharing parental responsibility
Foster carers are exempt as they are not directly employed staff, they are also likely to be in a role with a young person as an accepted part if the child’s social media network

10. How Social Media can help
Feedback from managers, indicates that although at times social media is searched it is not undertaken routinely on a day to day basis
Could be used to help trace an absent parent as part of proceedings or within s20, ascertain risks to children or to locate children missing
Children subject to SEMAP (high risk) should have social media monitored and checked as part of safeguarding by the police
Note minimal impact

11. How will you access sites?
Never use your own private account.
An organisational profile protects staff and provides an audit trail for all searches completed and ensures that we are operating in compliance with legislation.
The Surveillance Commission will inspect the access made by public officers to social networking sites during their inspections.

12. Process Requests for searches will be authorised by Service Managers
Request forms will be placed on child’s record within MOSAIC
Service Managers will keep log of requests until MOSAIC episode in place
Access to accounts limited to Service Managers
Screen shots saved as PDF on child’s MOSAIC record

13. Audit/Management trail
There is a requirement to maintain log of activity whilst reviewing sites
Can be achieved by saving web page address
Save screen shots
Maintain central register showing all authorised/rejected search requests (to be able to demonstrate to the Surveillance Commission our managed use of social media)

14. Audit trail
Example of central register showing searches made for separate investigations:

15. SW Do’s & Don’ts Do’s Don’ts
Obtain approval from your service manager via your line manager
Gather evidence in a way that is legal and useful
Keep an audit trail
Ensure paperwork stored within MOSAIC
Use your own private accounts to view the social networking accounts of other individuals
"friend" individuals on social networks as doing so openly could put you at risk
Keep viewing open profiles – this is surveillance
Take everything you see and read as fact
Do’s
Don’ts

16. Key Points
Social media is a very useful investigation tool, continue to use it but ensure you obtain –
Written management authority before accessing for a specific purpose
Maintain a record of material accessed - Keep a log of access and record web pages viewed / screen prints
A RIPA authority endorsed by both the Senior Responsible Officer and a Magistrate BEFORE repeatedly viewing the same profile

17. If in doubt contact SWLFP:
Questions?
If in doubt contact SWLFP:
Kevin Holland - extn 46451
Lynn Sanger – extn 46453