Decision details

The Director, Legal Services provided Members with an annual update on the Council’s use of the Regulation of Investigatory Powers Act 2000 (as amended) (‘RIPA’) for the period 1^st April 2019 – 31^st December 2020. The Director explained that the IPCO had amended their annual return period to be a calendar year; and suggested that the report on the Council’s use of RIPA is similarly amended to align to the calendar year.

Members were reminded that directed surveillance authorisations can be issued where it is necessary and proportionate in order to prevent or detect crime, or prevent disorder, where at least one of the offences is punishable by a maximum term of imprisonment of at least six months or more or relates to the underage sale of alcohol or tobacco/nicotine. The Director advised that during the period 1^st April 2019 - 31^st December 2020, there were four authorisations issued in respect of directed surveillance; all of which were in relation to Fly Tipping.  During the same period, there were no authorisations for the use of covert human intelligence sources.

The Director continued and spoke of the non-overt work, which does not fall within the statutory requirements for RIPA. The Director advised that the use of non-overt enforcement techniques are assessed to ensure that they are carried out in compliance with the requirements of the Human Rights Act 1998. The Director informed the Cabinet that during the period, there had been an increase in internet site monitoring, particularly as a consequence of the Covid-19 pandemic. Members learned that a review of these operations and investigations showed that on no occasion did they result in an improper infringement of a person’s human rights.

The Director then spoke of the IPCO’s 3-yearly audit on the appropriate use of RIPA within Rhondda Cynon Taf, which was carried out remotely on 7^th September 2020. It was pleasing to note that the audit report was complementary of both the RIPA use and procedures in place within the Local Authority.

Prior to concluding, the Director drew Members’ attention to Appendix B of the report, which detailed the Council’s new Corporate Policy for the Acquisition of Communications Data, which had been drafted as a result of the commencement of the Investigatory Powers Act.

The Deputy Leader thanked the Director for the update and providing Members with assurance that the RIPA continued to be used in a consistent and appropriate manner. The Deputy Leader spoke of the reference to training in the letter to the Chief Executive and felt that training would be beneficial to all Elected Members in the foreseeable future.

The Cabinet RESOLVED:

1.    To note the contents of the report;

2.    To acknowledge RIPA has been used in an appropriate manner that is consistent with the Council’s RIPA policies during the period 1^st April 2019 – 31^st December 2020;

3.    To approve the updated Corporate Policy and Procedures Document on the Acquisition of Communications Data under the Investigatory Powers Act 2016 (IPA) attached as Appendix B to the report; and

4.    To approve a change of reporting period to a calendar year, to align with the changed IPCO returns period.