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And that is how Local Authorities will get round (for benefit issues) the restrictions introduced by the Protection of Freedoms Act (which of course are not needed and are window dressing).
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 31 October 2012 08:43
To: [log in to unmask]
Subject: Re: [data-protection] Do RIPA changes affect joint authorisation [NOT PROTECTIVELY MARKED]
Hi Carol
Paragraphs 3.15 to 3.21 of the Covert Surveillance Code (made under RIPA) address collaborative working. In particular consider the following:
"3.16 In cases where one agency or force is acting on behalf of another, the tasking agency should normally obtain or provide the
authorisation under Part II of the 2000 Act. For example, where surveillance is carried out by the police on behalf of HMRC,
authorisations would usually be sought by HMRC and granted by the appropriate authorising officer. Where the operational support of other
agencies (in this example, the police) is foreseen, this should be specified in the authorisation.
3.17 Where possible, public authorities should seek to avoid duplication of authorisations as part of a single investigation or operation. For
example, where two agencies are conducting directed or intrusive surveillance as part of a joint operation, only one authorisation is
required. Duplication of authorisations does not affect the lawfulness of the activities to be conducted, but may create an unnecessary
administrative burden on authorities."
My view is that a single authorisation by the DWP, will covering local authority officers, even after the changes come into force tomorrow.
I hope this helps. Please see our blog for more on the new council surveillance regime:
On 30 Oct 2012, at 17:46, "Johnson, Carol (Cent Serv)" <[log in to unmask]> wrote:
NOT PROTECTIVELY MARKED
Grateful for your thoughts on this…
Some local authority benefit fraud teams conduct joint investigations with DWP.
Occasionally as part of joint working the authorised surveillance is shared between officers of the DWP & LA. When the RIPA application is submitted the DWP authorises surveillance for the Officers named therein, some of which could be LA staff. This is a practice appears to have been accepted by LA’s/DWP for a long time.
With the changes in mind, I’ve contacted other LA fraud teams within Greater Manchester to ascertain what the thoughts were generally on whether the DWP would still be able to authorise any RIPA applications naming LA staff. I’ve had a two replies, one basically saying that it would be acceptable, the other saying it wouldn’t.
The local DWP say they would be willing to include and authorise LA staff on the applications made their staff. I’m not convinced this would be lawful.
Does it make a difference if the DWP are the lead in the investigation/Senior Investigating Officer?
Regards
____________________________________________
Carol Johnson
Corporate Information Manager
Corporate Information Unit
Tel (01204) 331398
e-mail [log in to unmask]
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