Decision details

To seek approval for the adoption of a revised corporate policy for the use of the powers available under the Regulation of Investigatory Powers Act 2000 (RIPA).  The revisions take into account changes specified in the Investigatory Powers Act 2016, and address suggestions made by the Investigatory Powers Commissioner’s Office.

Changes proposed in the revised policy include:

a)    the communications data applications no longer need judicial approval; instead they will be approved by a new national body: The Office of Communications Data Authorisations (OCDA);

b)    local authorities can now apply for “events” communication data which includes the times and locations when communications were sent: these can only be lawfully obtained when investigating a serious crime where the offence is punishable by a maximum sentence of 12 months or more;

c)    the new Investigatory Powers Commissioner’s Office (IPCO) now head up oversight of all use of RIPA powers;

d)    some wording has been added to emphasise some aspects of the policy as suggested by the new Investigatory Powers Commissioner’s Office during their inspection in 2018;

e)    the policy has been reformatted in the corporate style.

RESOLVED that the Executive agrees that the revised Regulation of Investigatory Powers Act 2000 (RIPA) – Corporate Policy and Procedures attached at Appendix 1 to the report be approved.