Policy, Resources & Performance Cabinet Panel Friday 10 February 2012 at 10.00Am Item 5

Agenda Item No: HERTFORDSHIRE COUNTY COUNCIL

POLICY AND RESOURCES CABINET PANEL 5 FRIDAY 10 FEBRUARY 2012 AT 10.00AM

REGULATION OF INVESTIGATORY POWERS ACT (RIPA): QUARTERLY UPDATE COVERING THE PERIODS OCTOBER – DECEMBER 2011

Report of the Chief Legal Officer

[Author: Guy Pratt, Assistant Director Community Protection Tel: 01707 292429]

Executive Members: David Lloyd (Resources and Economic Wellbeing) Richard Thake (Environment and Community Safety)

1. Purpose Of The Report

1.1 To inform Members of the implementation of RIPA by Hertfordshire County Council over the period October to December 2011; to highlight any deviations from policy; and to provide details of any internal and external inspections and audits which have taken place.

2. Period Of The Report

2.1 This report covers the period 1 October to 31 December 2011 (the 3rd quarter report to Members).

3 Recommendations

3.1 Members are asked to note the report. Any queries arising from its contents may be raised with Guy Pratt, Assistant Director Community Protection.

4 Background

4.1 The Regulation of Investigatory Powers Act 2000 (the Act) regulates covert investigations and the acquisition and disclosure of communications data from communication service providers by a number of bodies, including local authorities. It was introduced to ensure that individuals' rights are protected, while also ensuring that law enforcement and security agencies have the powers they need to do their job effectively.

4.2 The only purpose for which we can access such data is for the purpose of preventing or detecting crime or of preventing disorder. The exception is the Fire and Rescue service, which may also access such data in the interests of public safety.

4.3 The County Council has separate policies on covert investigations and the acquisition and disclosure of communications data. These require Members to consider internal reports on the use of RIPA on at least a quarterly basis, to ensure that it is being used consistently with the Council's policy and that the policy remains fit for purpose.

1 5 Use Of RIPA for covert investigations

5.1 In the 3rd quarter, October to December 2011, Hertfordshire County Council’s use of RIPA for surveillance purposes was as follows:

(a) Directed Surveillance

The number of directed surveillance authorisations granted during the period was 6. See table for breakdown. There were:

2 alcohol test purchasing exercises 3 tobacco test purchasing exercises 1 firework sale observation.

(b) Covert Human Intelligence Sources (CHIS)

The number of CHIS recruited during the period was 0 (zero); the number who ceased to be used during the period was 0 (zero); and the number of active CHIS at the end of the period was 0 (zero).

(c) Breach in procedures

The number of breaches, particularly unauthorised surveillance activity, identified under each category of authorisation (Directed Surveillance and CHIS) was 0 (none).

5.2 There were no inspections by the Chief Surveillance Commissioner’s Office within the period.

Ref. Authorising officer Crime / disorder Community Protection Underage sale of alcohol test DS 0181 Manager purchases. Community Protection Unlicensed sale and storage of DS 0182 Manager fireworks. Community Protection Underage sale of tobacco test DS 0183 Manager purchases. Community Protection Underage sale of tobacco test DS 0184 Manager purchases. Community Protection Underage sale of alcohol test DS 0185 Manager purchases. Community Protection Underage sale of tobacco test DS 0186 Manager purchases.

6 Use Of RIPA for the acquisition and disclosure of communications data

6.1 In the quarter October to December 2011, Hertfordshire County Council’s use of RIPA for obtaining communications data was as follows:

2 (a) Applications for communications data: 6.

There were requests for 19 data items (e.g. separate telephone numbers, I.P. addresses).

(b) Applications rejected: 1. Applications withdrawn: 0.

6.2 An inspection by the Interception of Communications Commissioner’s Office, of the arrangements we have in place for the acquisition of communications data under RIPA, took place on 7 November 2011. We emerged very well from this inspection. It was found that we were acquiring data for a correct statutory purpose, there was no evidence to suggest that our powers had been used to investigate trivial offences, and we had a good level of compliance with the Act and Code of Practice.

6.3 Details of applications:

Status No of Designated Data Ref. Crime / disorder of data data person requested subject items To identify individuals related Community to the supply of Subscriber 14/11 Protection Trader 5 counterfeit products details Manager including tobacco products. To identify an owner Community of counterfeit Subscriber 15/11 Protection Trader 1 dvds/cds found at details Manager Bovingdon Market. To identify a trader Community who cold called and Subscriber 16/11 Protection misled a consumer Trader 4 details Manager as to the price of work carried out. Community Service 17/11 Protection As above Trader 4 use Manager 18/11 REJECTED To identify the Community operator of a Subscriber 19/11 Protection Trader 5 misleading home details Manager study course.

7. Financial Implications

There are no financial implications arising from this report.