1st November: D-Day for Council Surveillance

1st of November 2012 will see big changes in the way local authorities carry out surveillance under Regulation fo Investigatory Powers Act 2000 (RIPA):

1. Magistrates’ Approval for all Surveillance

Sections 37 and 38 of the Protection of Freedoms Act 2012 amends RIPA so as to require local authorities to obtain the approval of a Magistrate for the use of any one of the three covert investigatory techniques available to them under RIPA; namely Directed Surveillance, the deployment of a Covert Human Intelligence Source (CHIS) and accessing communications data. Click on the links below for more

Details of the new legal provisions

How to apply for Magistrates’ approval

RIPA Policy and Procedures Toolkit

2. New Serious Crime Test for Directed Surveillance

From 1st November 2012, local authority Authorising Officers may not authorise Directed Surveillance unless it is for the purpose of preventing or detecting a criminal offence which punishable by a maximum term of at least 6 months of imprisonment (subject to exceptions).

Details of the new test

Will councils still be able to do surveillance for “minor offences”?

Read my view here

How Act Now Can Help

1. New procedures and guidance will have to be issued – see our RIPA Policy and Procedures Toolkit

2. Officers will need to be made aware of the new procedures. See our training courses. If you would like customised in house training, please get in touch.

Author: actnowtraining

Act Now Training is Europe's leading provider of information governance training, serving government agencies, multinational corporations, financial institutions, and corporate law firms. Our associates have decades of information governance experience. We pride ourselves on delivering high quality training that is practical and makes the complex simple. Our extensive programme ranges from short webinars and one day workshops through to higher level practitioner certificate courses delivered online or in the classroom.

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