Local councils have been urged to make more use of their powers under the
Regulation of Investigatory Powers Act (Ripa) to snoop on people they suspect of
committing offences.
In his
2007
report published last month, Sir Paul Kennedy, the Interception of
Communications Commissioner, said not enough councils were making use of their
powers under
Ripa
to obtain people’s communications data.
Ripa is the law that regulates the powers of public bodies to carry out
surveillance, investigation and the interception of communications.
The report showed that more than 500,000 official requests for private
communications data such as telephone records were made last year by official
bodies. However, the report said only 1,707 requests had come from councils,
which were seeking data such as phone and email records.
Out of the approximately 474 local authorities in England and Wales only 154
used the powers last year.
Sir Paul said: "Our inspections have shown that generally the local
authorities could make much more use of communications data as a powerful tool
to investigate crime.”
He said the councils that requested communications data could use this
information to identify criminals who “persistently rip off consumers, cheat the
taxpayer, deal in counterfeit goods, and prey on the elderly and vulnerable.
[and] to identify fly-tippers.”
However, in a separate report published at the same time, Sir Christopher
Rose, Chief Surveillance Commissioner, criticised local authorities for doing
just that.
He said in
his
annual report that local authorities had a "tendency to expose a lack of
understanding of the legislation" and demonstrated a "serious misunderstanding
of the concept of proportionality"; for example using these powers to deal with
minor offences such as fly-tipping or avoiding council tax.
Sir Christopher was particularly concerned that there was a risk of councils
crossing the legal line into "intrusive surveillance", such as placing a
surveillance device inside a private vehicle, which they are prohibited from
doing.
Councils also cannot bug telephone conversations. This is a power reserved
for the police and security services and which must be authorised by the Home
Office.
Simon Milton, chairman of the Local Government Association (LGA), defended
local authorities and said councils were often caught between a “rock and a hard
place”; portrayed as using the powers for trivial offences yet told to use them
more.
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