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Lewes and Eastbourne
Councils

Agenda item

Covert Surveillance Policies

Report of Assistant Director of Legal and Democratic Services

Minutes:

The Committee considered a report which sought its approval of the proposed changes to the Council’s Covert Surveillance Policy.

The RIPA (Regulation of Investigatory Powers Act 2000) MO (Monitoring Officer) summarised the report and the proposed policy on the Use of Covert Surveillance and/or Covert Human Intelligence Sources as set out in Appendix 1 and the proposed policy on the Acquisition of Communications Data as set out in Appendix 2.

The RIPA MO explained that the draft policies were in response to the Investigatory Powers Commissioner’s Office’s (IPCO) inspection of Lewes District Council (LDC) and Eastbourne Borough Council (EBC) in December 2019. IPCO was a national body which monitored the compliance of public bodies in relation to surveillance activities, both of which were regulated under the RIPA.

IPCO recommended that the Councils’ Covert Surveillance Policy provided guidance on the use of a Covert Human Intelligence Source (CHIS), including arrangements for the appointment of persons fulfilling the role of ‘handler’ and ‘controller’ if and when a CHIS is deployed. IPCO further recommended that the policy explained how the role of CHIS differs from a person volunteering information to the Council.

IPCO also recommended that Lewes and Eastbourne Councils included in their Covert Surveillance Policy their stance on the use of communications data for investigative purposes, as permitted under the Investigatory Powers Act 2016. Due to the different statutory framework (i.e. RIPA on the one hand, and the 2016 Act on the other), officers considered it more appropriate to draw up a separate policy on the acquisition and use of communications data.

The RIPA MO highlighted that local authorities were restricted as to what communications information they were permitted to acquire. The information was limited to the ‘who’ and ‘where’ of the communication, including the type of device used to send or receive information. The content of the information, however, was not something local authorities had the authority to collect. In addition, when the Council wanted to use these powers, it had to channel that request through an accredited single point of contact: the National Anti-Fraud Network.  If the request was approved, the authorisation would last for a maximum of one month.

Discussions included:

·         How situations would be handled if officers were at risk of a physical or other type of reaction from the subject of information. Officers highlighted that this was a new concept which had never been done before, and that they were looking at educational tools and safe-guarding procedures for a CHIS. Officers further highlighted that the Council would only consider using the powers detailed in the policies as a last resort and only if and individual case warranted it; noting that there were only a very limited number of circumstances in which the powers could be used.

·         If Trading Standards use the powers set out in the policies. Officers confirmed that powers to deploy a CHIS were available to Trading Standards officers and typically would be used to investigate the sale of alcohol and/or tobacco to underage customers.

Resolved:

1)    That Lewes and Eastbourne Councils’ updated policy on the use of covert surveillance and/or covert human intelligence sources as set out in Appendix 1, be approved; and

2)    That the Councils’ policy on the acquisition of communications data as set out in Appendix 2, be approved.

Supporting documents: