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CABINET 


Report of: Head of Legal and Democratic Services 
Date: 17'" May 2021 


Cabinet Portfolio: Leader 


Regulation of Investigatory Powers Act 2000 


Purpose 


To review Pembrokeshire County Council’s use of the Regulation of 
Investigatory Powers Act 2000 and set the policy. 


Background and Context 
The Regulation of Investigatory Powers Act 2000 (the 2000 Act), the Investigatory 


Powers Act 2016 (the 2016 Act) and the Covert Surveillance and Property Interference 
and Covert Human Intelligence Sources Codes of Practice (the Codes), collectively 
referred to as RIPA, impact upon activities undertaken by the Council during the 
discharge of Council functions when Article 8 of the Human Rights Act 1998- the right 
to a private life, might be engaged covertly. This might typically be where officers 
undertake covert surveillance as part of their enforcement duties. 


The legislation and associated codes of practice in relation to RIPA provide a legal 
framework, with external oversight by the Investigatory Powers Commissioner’s 
Office (IPCO). 


Main Issues 

The Codes include provision that:- 

‘Elected members of a local authority should review the authority’s use of the....Act 
and set the policy at least once a year. They should consider internal reports on use 
of... the Act on a regular basis to ensure that it is being used consistently with the local 
authority’s policy and that the policy remains fit for purpose’ 

Whilst there has been no use made of the available powers under RIPA since the last 
inspection by IPCO in 2019, the Council’s RIPA policy has been reviewed and a copy 
of the draft is attached at Appendix 1 to this report. 

Comments by Director of Resources 

There are no financial issues arising from this report. 

Comments by Head of Legal and Democratic Services 

The legal issues are set out in the report. 


Comments by Chief HR Officer 


There are no human resources issues arising from this report. 


Impact Assessment 


The report and draft policy has been considered against the five ways of working (long 
term, prevention, integration, collaboration, involvement) in the Well-being of Future 
Generations sustainable development principle. 


The report and draft policy is unlikely to make a particular contribution to the Well- 
being goals. 


The report and draft policy is unlikely to impact on any groups as defined within the 
Equality Act 2010. 


The report and draft policy will be available in Welsh in view of the Council’s 
obligations with reference to the Welsh Language Standard Regulations 2015. 


RECOMMENDATION: 
That Cabinet approve the Council’s RIPA policy as attached at Appendix 1 to 
this report. 


REASON FOR RECOMMENDATION: 
In compliance with RIPA 


Background Documents: None