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DATA-PROTECTION  April 2008

DATA-PROTECTION April 2008

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Subject:

Re: School catchment areas

From:

Carolyn Howard <[log in to unmask]>

Reply-To:

Carolyn Howard <[log in to unmask]>

Date:

Thu, 17 Apr 2008 12:06:37 +0100

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I agree Roland, that if an authority is going to carry out surveillance that is not within the RIPA remit that it would be helpful to carry out a quasi-RIPA assessment - this would focus peoples minds on considering whether the surveillance was necessary, proportionate etc.  Just don't call it a RIPA authorisation, and don't keep it in the RIPA authorisations file!


Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
ext: 29 6498
tel: 0116 252 6498

(Office hours: Mon a.m./Tue/Thu)


>>> Roland Perry <[log in to unmask]> 17/04/2008 11:52 >>>
In message <[log in to unmask]>, at 10:49:34 on Thu, 
17 Apr 2008, Carolyn Howard <[log in to unmask]> writes
>the authority would have been better off asking for evidence of
>utility bills covering the relevant period

Utility bills do not prove where you live. In the case in question I've 
seen a suggestion that the authority also asked for telephone bills 
(from BT perhaps) and maybe when they came back showing the parents did 
have [another, as it turns out] house outside the catchment area, then 
the next phase started.

 >If the authority wants to investigate fraudulent schools admissions it
 >can do so, and it can monitor a surveillance operation without
 >reference to RIPA.  However, the authority is then putting itself at
 >danger of breaching the Human Rights Act

Would it not be Best Practice to put the surveillance request through 
the "RIPA process", even if RIPA did not apply? There is a precedent for 
this, when the police used, in effect, the RIPA criteria rather than the 
less stringent DPA 29/3 criteria, in the interval between RIPA being 
passed, and being out into force for the collection of Comms Data. In 
other words, they were using the more stringent regime voluntarily.
-- 
Roland Perry

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