Here you go:

 

 

Ian

 

Your e-mail to our central enquiry team has been passed to me.  In amongst other things, I have responsibility for the general policy of RIPSA.  

 

The UK Coalition Government is currently working on new provision which will amend RIPA.  Basically, this will introduce a system of judicial approval for local authority RIPA authorisations for directed surveillance, CHIS, and requests for communications data.  In respect of directed surveillance, authorisations will also need to meet a new necessity threshold in terms of the likely custodial sentence the target of the surveillance might receive.

 

In terms of directed surveillance and CHIS, the RIPA provisions will not apply in Scotland as, as you no doubt know, RIPSA is the relevant legislation.  Communications data, however, is a reserved matter, and the provisions on that will therefore apply to local authorities in Scotland.

 

The Scottish Government has no plans at this time to introduce similar provision in RIPSA in relation to directed surveillance and CHIS.

 

Happy to chat further if that would be helpful.

 

 

I write to enquire if the Scottish Government has any plans , similar to Westminster , regarding changes to RIPSA.

I am aware of the work done by Lord MacDonald QC for the Westminster Government .

I look forward to hearing from you  .

thanks

 

Ian Wilkie

Head of Legal & Democratic Services

Scottish Borders Council

Council Headquarters

Newtown St Boswells

by Melrose

TD6 0SA

01835 825006

www.scotborders.gov.uk

 

 

Please note this correspondence is from a member of the Council's Legal and Democratic Services. To the extent that it may contain legal advice it is legally privileged and therefore may be exempt from disclosure under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.

 

 

 

 

 

 

 

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