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See other news storiesNew measures to strengthen the use of the Regulation of Investigatory Powers Act
4 November 2009
The level of authorisation required by local authorities to sign off investigatory techniques will be raised to prevent them being used for trivial matters.
Following a public consultation of the Regulation of Investigatory Powers Act (RIPA), a senior executive now has to approve how and when the techniques are used to protect the public and fight crime.
Under the new measures, elected councillors in each local authority are also required to oversee the use of RIPA. In addition, training for local authority authorising officers and bespoke written guidance on how local authorities should use RIPA will be issued.
New codes of practice make it clear to all public authorities who can make authorisations under RIPA that they cannot be used for minor matters.
The consultation
The consultation invited views on:
- which public authorities should be able to authorise key investigatory techniques, such as the use of communications data or covert surveillance in public places, under RIPA
- the purposes for which these investigatory techniques should be used
- the option of raising the rank of the local authority employee authorising the use of investigatory techniques to senior executive
- whether elected councillors should also play a role in the authorisation.
The Home Office received 222 responses to the consultation and will now bring forward legislation to implement the changes. The orders and the related codes of practice will include measures to:
- clarify the test of necessity and proportionality so techniques will not be used to investigate dog fouling or people putting bins out a day early
- raise the rank of authorising officer for RIPA techniques in local authorities to senior executive at a minimum of 'director' level
- treat covert surveillance of legal consultations as 'intrusive' rather than 'directed' surveillance, meaning it can only be carried out by a very limited number of public authorities.
Many of the investigations that rely on the techniques regulated by RIPA are vital to protecting public safety - not just for serious crime and terrorism - and they can also make a real difference to people’s everyday lives. For example, by stopping rogue traders or trapping fly tippers who dump tonnes of rubbish on an industrial scale.
Find out more
Read the RIPA consultation and responses and the written ministerial statement (new window).
