HERTFORDSHIRE COUNTY COUNCIL

POLICY, RESOURCES AND PERFORMANCE CABINET PANEL

WEDNESDAY 14 SEPTEMBER 2011 AT 2.00PM

REGULATION OF INVESTIGATORY POWERS ACT (RIPA): QUARTERLY UPDATE COVERING THE PERIODAPRIL – JUNE 2011

Report of the Chief Legal Officer

Authors: Guy Pratt, Assistant Director Community Protection Tel: 01707 292429

Executive Members:David Lloyd (Resources and Economic Wellbeing)

Richard Thake (Community Safety and Culture)

1.Purpose of the report

1.1To inform Members of the implementation of 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 first quarter,April– June 2011.

3Recommendations

3.1Members are invited to note and comment upon the report. Any queries arising from its contents may be raised with Guy Pratt, Assistant Director Community Protection.

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, while also ensuring that law enforcement and security agencies have the powers they need to do their job effectively.

4.2The only purpose for which we 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 with the Council's policy and that the policy remains fit for purpose.

5Use Of RIPA for covert investigations

5.1 In the first quarter,Aprilto June 2011, 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 4. See table for breakdown. There were:

2 alcohol test purchasing exercises

1 tobacco test purchasing exercises

1 test purchase of a misdescribed vehicle.

(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 (none).

5.2There were no inspections by the Chief Surveillance Commissioner’s Office within the period.

Ref. / Authorising officer / Crime / disorder
DS0171 / Community Protection Manager / Test purchase misdescribed vehicle.
DS0172 / Not Used / Not Used
DS0173 / Community Protection Manager / Alcohol test purchasing for minors
DS0174 / Community Protection Manager / Alcohol test purchasing for minors
DS0175 / Community Protection Manager / Tobacco test purchasing for minors

6Use Of RIPA for the acquisition and disclosure of communications data

6.1In the quarter April to June2011, Hertfordshire County Council’s use of RIPA for obtaining communications data was as follows:

(a)Applications for communications data:7

There were requests for 16data items (e.g. separate telephone numbers, I.P. addresses)

(b)Applications rejected:1 Applications withdrawn: 1

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 items
3/11 / Community Protection Manager / To identify a trader who when selling vehicles at the side of a road purported to be a private seller. / Trader / Subscriber details / 2
4/11 / Community Protection Manager / Request refused. / 1
5/11 / Community Protection Manager / To identify a trader carrying out driveway work failed to leave a cancellation notice and gave a false address. / Trader / Subscriber details / 3
6/11 / Community Protection Manager / Application withdrawn. / Subscriber details / 3
7/11 / Community Protection Manager / To identify a trader operating a misdescribed home study course. / Trader / Subscriber details / 2
8/11 / Community Protection Manager / To identify a trader operating a misdescribed horse racing tipster service / Trader / Subscriber details / 4
9/11 / Community Protection Manager / To identify a trader carrying out building work without leaving a cancellation notice. / Trader / Subscriber details / 1

7.Financial Implications

There are no financial implications arising from this report.

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110914 Policy, Resources & Performance Cabinet Panel

Item 6 – RIPA Update April – June 2011