HERTFORDSHIRE COUNTY COUNCIL
POLICY AND RESOURCES CABINET PANEL
WEDNESDAY 12 JANUARY 2011 AT 2.00PM
REGULATION OF INVESTIGATORY POWERS ACT (RIPA)UPDATE: OCTOBER TODECEMBER 2010
Report of the Chief Legal Officer
[Authors: Guy Pratt, Head of Trading Standards
Tel: 01707 292429
Kathryn Pettitt, Chief Legal Officer
Tel: 01992 555527]
Executive Members:David Lloyd (Resources and Economic Wellbeing)
Keith Emsall (Community Safety and Culture)
1.Purpose Of The Report
1.1To inform Members of the implementation of the Regulation of Investigatory Powers Act (‘RIPA’) by Hertfordshire County Council; to highlight any deviations from policy; and to provide details of any internal and external inspections and audits which have taken place.
2.PeriodOf The Report
2.1This report covers the period October – December 2010. This is the third quarterly report to Members.
3Recommendations
3.1Members are invited to note and comment upon the report. Any queries arising from its contents may be raised with Guy Pratt, Head of Trading Standards.
4Background
4.1The Regulation of Investigatory Powers Act 2000 (‘the Act’) regulates covert investigations and the acquisition and disclosure of communications data from communication service providers by a number of bodies, including local authorities. It was introduced to ensure that individuals' rights are protected, whilst also ensuring that law enforcement and security agencies have the powers they need to do their job effectively.
4.2The only purpose for which such bodies can access such data is for the purpose of preventingor detecting crime, or of preventing disorder. The exception is the Fire and Rescue service, which may also access such data in the interests of public safety.
4.3The County Council has separate policies on covert investigations and the acquisition and disclosure of communications data. These require Members to consider internal reports on the use of RIPA on at least a quarterly basis, to ensure that it is being used consistently in line with the Council's policy, and that the policy remains fit for purpose.
5Use Of RIPA for covert investigations
5.1 In the thirdquarter,October to December 2010, Hertfordshire County Council’s use of RIPA for surveillance purposes was as follows:
(a)Directed Surveillance
The number of directed surveillance authorisations granted during the period was 6 (see table below for breakdown). There were:
3 alcohol test purchasing exercises
2firework test purchasing exercises
1surveillance of counterfeit sales at an open air venue
Ref. / Authorising officer / Crime / disorder156 / TS Ops Manager / Alcohol test purchasing for minors
157 / TS Ops Manager / Firework test purchasing for minors
158 / TS Ops Manager / Firework test purchasing for minors
159 / TS Ops Manager / Surveillance of counterfeit sales
160 / TS Ops Manager / Alcohol test purchasing for minors
161 / TS Ops Manager / Alcohol test purchasing for minors
(b)Covert Human Intelligence Sources (CHIS)
The number of CHIS recruited during the period was 0 (zero); the number who ceased to be used during the period was 0 (zero); and the number of active CHIS at the end of the period was 0 (zero).
(c)Breach in procedures
The number of breaches, particularly unauthorised surveillance activity, identified under each category of authorisation (Directed Surveillance and CHIS) was 0 (zero).
5.2There were no inspections by the Chief Surveillance Commissioner’s Office within the period.
6Use Of RIPA for the acquisition and disclosure of communications data
6.1In the quarter October to December 2010, Hertfordshire County Council’s use of RIPA for obtaining communications data was as follows:
(a)Applications for communications data:2
There were requests for 2data items (e.g. separate telephone numbers, IP addresses)
(b)Applications rejected: 0
6.2There were no inspections by the Interception of Communications Commissioner’s Office within the period.
6.3Details of applications:
Ref. / Designated person / Crime / disorder / Status of data subject / Data requested / No. of data items15/10 / Head of
Trading Standards / To identify a trader who did not supply a cancellation notice / Trader / Subscriber details / 1
16/10 / Head of
Trading Standards / To identify the operator of a one day sale / Trader / Subscriber details / 1
7.Financial Implications
There are no financial implications arising from this report.
1
110112 Policy & Resources Cabinet Panel
Item 5 – Regulation of Investigatory Powers Act: Update Oct to Dec 2010