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Published byRodney Gaines Modified over 9 years ago
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The Regulation of Investigatory Powers Act 2000 Implications for the Councils
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Aspects of work that might merit surveillance …… Fly tipping. Illegal Money lenders – Loan Sharks Fraud - Housing benefit, sub-letting, internal fraud, student loan audit, council tax, disability. Food safety issues Doorstep Crime Anti Social Behaviour Offences
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RIPA and local authorities Regulates the use of covert investigatory powers by Public Authorities Ensures that those covert activities are compatible with Human Rights Introduces Accountability
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Justifying Local Authority use of covert techniques There are no RIPA powers RIPA simply provides a framework to govern our use of covert techniques to enforce existing consumer/public protection legislation RIPA has improved control and oversight of these techniques and local authorities “performance” is improving RIPA makes local authorities accountable and open to challenge – and that is a good thing
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Terrorism laws used to spy on us ?? Watched while walking the dog? Phone spies: Town halls using anti-terror powers to bug residents' calls and emails Some councils are allowing middle-ranking staff to authorise covert operations The whole of Britain has become a Panopticon.
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The dog fouling debate “ we do not consider dog fouling or littering as matters which meet the test of necessity and proportionality” Sir Simon Milton “Dog excrement carries a parasite which can cause blindness in children. On this basis I suspect that a reasonable, well informed, member of the public would approve of covert surveillance necessary to reduce dog fouling in children’s playgrounds...” Sir Christopher Rose “Dog fouling is at the top of resident’s list in terms of issues they want the council to be tackling on the ground, so I know the public are only too pleased to see us catching people," Jim Corey, Ch Exec, Wyre Council
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Who is really watching you? “Let's not get hysterical. There are far graver threats to our liberties than the man from the town hall” The Guardian
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RIPA Key messages Necessary Proportionate Collateral Intrusion RIPA is a complex and difficult piece of legislation. “ Lord Justice Mummery 2006”
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Section 27 RIPA – key messages An authorisation issued by an Authorising Officer under the Act will provide the lawful authority for a public authority to carry out surveillance. Officers can only act in accordance with the terms set out in the authorisation The Authorising Officer thus performs a quasi judicial role The Authorising Officer is accountable for his actions if things go wrong
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The role of elected members Provide a point of challenge Ask questions Ask for reports Look for outcomes
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Dave Holland, Cardiff Council, d.holland@cardiff.gov.uk
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