Decision details

DL-01-20: Report on proposed amendments to Wiltshire Council's Corporate Policy and Procedures Document on Accessing Communications Data

Decision Maker: Deputy Leader and Cabinet Member for Corporate Services, Heritage, Arts & Tourism, Housing Communities

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:

 

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

 

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

 

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

 

The policies at 1 & 2 above were updated in 2019/20 to reflect various changes necessary as a result of updated Codes of Practice, and Office of Surveillance Commissioners procedures and published guidance.

 

The purpose of this report is to introduce the new Communications Data policy which will replace the Accessing Communications Data policy found at 3 above.

 

It will also inform the responsible member of issues relevant to the use of powers under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA) and seek adoption and approval of the new policy by cabinet member delegated decision.

 

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 decision set out in the above report.

 

This decision was published on 6 July 2020 and will come into effect on 14 July 2020.

Reasons for the decision:

Adoption of the updated policy is necessary to incorporate and comply with the legislative changes introduced by the Investigatory Powers Act 2016

Alternative options considered:

Not applicable.

Other reasons / organisations consulted

Not applicable

Contact: Ruby Reynolds, Legal Services, 01225 718270, Email: ruby.reynolds@wiltshire.gov.uk.

Publication date: 22/06/2020

Date of decision: 06/07/2020

Effective from: 14/07/2020

Accompanying Documents: