Training saves the day – Swindon Borough Council upskills staff to avoid being penalised for RIPA breach.
Last summer it was revealed that Swindon Borough Council had breached the Regulation of Investigatory Powers Act 2000 (RIPA) - failing to get appropriate approval for a surveillance operation it was running to monitor shops suspected of selling tobacco and vapes to children.
1. What is RIPA?
RIPA governs the use of covert surveillance and covert human intelligence sources by public bodies. Covert surveillance includes bugs, video surveillance and interceptions of private communications such as phone calls and emails.
2. When can local authorities use RIPA?
Under RIPA, local authorities can only carry out directed covert surveillance for the purposes of detecting and preventing a criminal offence, which would be punishable by a prison sentence of at least six months.
However, before using RIPA, local authorities must:
- Show a valid reason for its use (consideration will be given to the use of less intrusive method first).
- Obtain Magistrate's approval before any surveillance is carried out.
3. How did Swindon Borough Council breach RIPA?
It transpired that those responsible for authorisation of the operation at the council had not been aware that they were required to seek judicial approval for such a surveillance operation.
Investigatory Powers Commissioner, Sir Brian Leveson, said at the time that “it also appears, the perceived authorisation was not officially cancelled, while this may not be relevant as the activity was not properly authorised in the first instance, it highlights a further shortfall in the knowledge of those involved in the authorisation process,” This, as Sir Brian pointed out, is stipulated in the Covert Surveillance and Property Interference Code of practice.
The council, which sought to purchase vapes from a retailer suspected of selling tobacco and vapes to underage children, failed to obtain approval to do so.
Swindon Borough Council admitted the offence and went on to run a training programme to rectify the knowledge shortfalls that Sir Brian had uncovered. Commenting on Swindon’s effort to upskill staff in light of its breach, Sir Brian said:
I am reassured, once the measures agreed have been implemented, that Swindon Borough Council will be in a stronger position regarding its ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016.
Investigatory Powers Commissioner
4. How can you ensure that your employees remain compliant of RIPA?
Swindon Borough Council’s recent breach of RIPA reveals the ongoing need for training and awareness among local authorities, and other public bodies that may conduct such operations.
It is the council’s responsibility to ensure that its employees are aware of and comprehensively understand all relevant regulations that govern their role. In this case, those whose remit is direct covert surveillance must know when they are permitted to conduct surveillance under RIPA and how they must prepare for such an operation.
Bond Solon runs a range of courses designed to provide up-to-date information of all aspects of the Regulation of Investigatory Powers Act (RIPA) 2000 and the Investigatory Powers Act (IPA) 2016. Two of our most popular courses are the one-day RIPA Awareness Training, designed for anyone who needs to have an awareness of RIPA and the various activities that can be conducted and the one-day RIPA Authorising Officers course, aimed at managers who are responsible for authorising any of the various forms of activity under the law. There are also courses for those working in jurisdictions outside of England and Wales, covering RIPSA in Scotland or RIPL for the Channel Islands, for example.
To find out more about our full RIPA offering or to book members of your organisation on one of our courses, please email, info@bondsolon.com or contact 020 7549 2549.