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Regulation of Investigatory Powers Act 2000 ("RIPA")
1. The Human Rights Act 1998 (which brought much of the European Convention on Human Rights and Fundamental Freedoms 1950 into UK domestic law) requires the Borough Council, and organisations working on its behalf, pursuant to Article 8 of the European Convention, to respect the private and family life of citizens, their home and their correspondence.
2. The European Convention did not, however, make this an absolute right, but a qualified right. Accordingly, in certain circumstances, the Borough Council may interfere in the citizen's rights mentioned above, if such interference is:-
a. in accordance with the law
b. necessary (as defined in the Council's Policy and Procedures Document); and
c. proportionate (as defined in the Council's Policy and Procedure Document).
3. RIPA provides a statutory mechanism (ie "in accordance with the law") for authorising covert surveillance and the use of a "covert human intelligence source (CHIS)" - eg undercover agents. It seeks to ensure that any interference with an individual's right under Article 8 of the European Convention is necessary and proportionate. In doing so, RIPA seeks to ensure that both the public interest and the human rights of individuals are suitably balanced.
4. Directly employed Council staff and external agencies working for the Borough Council are covered by the Act during the time they are working for the Borough Council. All external agencies must, therefore, comply with RIPA and the work carried out by agencies on the Council's behalf must be properly authorised by one of the Council's designated Authorising Officers. Authorising Officers are those whose posts appear in Appendix 1 to the Policy and Procedures Document, and any that are duly added to the list or substituted by the Director of Law and Democracy.
The Council's RIPA Policy and Procedures Document can be accessed below.
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