I wonder if I am missing something here.
Littering is anti social and unacceptable. A council has a duty to keep
its streets clean. If a person(s)are suspected of littering then it
seems to me that the council are entitled to find out who and ask/tell
them to stop it or else. The ensuing investigation is likely to be
processing personal data. The justification for this processing I
suggest could be conditions 3, 5 and 6 of Schedule 2. Bearing in mind
they only need to satisfy one. If they complete their Privacy Impact
Assessment and they have exhausted less intrusive means of finding out
"who done it" then in the absence of any other investigative solution
then why can't they maintain a surveillance on the areas in question?
Once the relevant information is established the method of surveillance
should cease. All this is within the DPA and I cant see how RIPA is
involved.
Now...am I missing something??
Chris Brogan MA LLM
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852
Registered in England & Wales No. 1322074
Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 17 April 2009 14:01
To: [log in to unmask]
Subject: Council RIPA powers
Councils in England and Wales face new restrictions on the use of
surveillance powers for minor offences such as dog fouling and
littering.
The Regulation of Investigatory Powers Act (Ripa) allows public
authorities to intercept phone and e-mail data and use CCTV to spy on
suspected criminals.
But Home Secretary Jacqui Smith has launched a review after fears it
was being used for "trivial" offences.
The Tories and Lib Dems say Ripa has become a "snooper's charter".
But the government has resisted opposition calls for the use of the
powers to be authorised by magistrates, arguing that the decision to
use them should be left with councils and police. Full story below:
http://news.bbc.co.uk/1/hi/uk_politics/8003123.stm
I will be looking at these proposals in my RIPA and covert
surveillance workshop next week in London:
http://www.actnow.org.uk/courses/240
Regards
Ibrahim Hasan
Solicitor and Trainer
www.actnow.org.uk
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