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Decision details

CSHHAT-02-18: Report on Proposed Amendments to the Council's 'RIPA' Policies

Decision Maker: Cabinet Member for Housing, Corporate Services, Arts, Heritage and Tourism

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

On the 17 January 2012 the council, as a body that may undertake surveillance activities under the Regulation of Investigatory Powers Act 2000 (RIPA), adopted the following policies:

 

           Wiltshire Council Corporate Policy and Procedures Document on Directed Surveillance   (The Regulation of Investigatory Powers Act 2000 (RIPA))

           Wiltshire Council Corporate Policy and Procedures Document on Accessing Communications Data (The Regulation of Investigatory Powers Act 2000 (RIPA))

           Wiltshire Council Corporate Policy and Procedures Document on Covert Human Intelligence Sources (The Regulation of Investigatory Powers Act 2000 (RIPA))

 

As a result of the last inspection by the Office of Surveillance Commissioners, updated Codes of Practice put out by the Home Office, and Office of Surveillance Commissioners procedures and guidance published in July 2016, the Legal Services team has drafted amendments to the policies to reflect various changes identified within the updated documents. The purpose of this report is to highlight the proposed amendments and seek their approval by cabinet member delegated decision.

 

The existing policies are robust and the proposed amendments will, in practice, have little impact on the way in which officers exercise their powers under the regime. As such, it is considered appropriate to bring this decision before the responsible cabinet member rather than cabinet itself.

 

The responsible member has power to decide the matter following a cabinet decision to delegate oversight of the policies. This decision was recorded at minute 8 of the cabinet meeting held on 17 January 2012.

Decision:

I approve the proposed changes to the council’s ‘RIPA’ policy as detailed in this report.

          

This decision was published on 5 December 2018 and will come into force on 13 December 2018

 

Reasons for the decision:

The amendments are necessary to bring the council’s policies in line with current legislation.

Alternative options considered:

Not applicable

Publication date: 26/11/2018

Date of decision: 05/12/2018

Effective from: 13/12/2018

Accompanying Documents:

 

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