Local authorities have certain powers to carry out surveillance - for example to investigate potential environmental protection offences. We have to make sure any surveillance complies with the Human Rights Act of 1998, which stipulates the right to private and family life. The Regulation of Investigatory Powers Act of 2000 (RIPA) sets out the types of surveillance we can undertake.
What is surveillance?
RIPA does not define surveillance, but it does set out a non-exhaustive list of activities which count as surveillance:
- Monitoring, observing or listening to people, their movements, conversations, activities or communications
- Recording anything monitored, observed or listened to in the course of surveillance
- Surveillance by or with the assistance of a surveillance device
Directed surveillance
This is defined by RIPA as covert but not intrusive surveillance that:
- Is undertaken as a specific investigation or operation
- Is carried out in such a way as to make it likely that private information is obtained about a person. 'Private information' includes anything relating to a person's private or family life, including work activities
Directed surveillance must be authorised by a designated person. In a local authority, this would usually be a head of service.
Intrusive surveillance
This is defined by RIPA as covert surveillance that:
- Relates to residential premises or private vehicles
- Is carried out by an individual on the premises or in the vehicle or a surveillance device
Local authorities are not allowed to carry out intrusive surveillance. If a court decided that we had obtained evidence through intrusive surveillance, that evidence would not be admissible in court.