Have just received an FoI request asking how many times this Council has
used RIPSA for benefit fraud etc.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carolyn Howard
Sent: 17 April 2008 10:50
To: [log in to unmask]
Subject: Re: School catchment areas
From what I understand of RIPA it is permissive legislation that allows
local authorities to undertake surveillance in connection with their
regulatory activities where the authority itself is the prosecuting
authority. The purpose is to enable the authority to obtain
surveillance evidence that will be admissible in court. The
surveillance commissioner does not want authorities to issue RIPA
authorisations where the activity under surveillance is not related to
their regulatory activity.
Investigating a suspected fraudulent schools application is not part of
the council's regulatory activity and cannot result in a prosecution by
the authority. 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, especially the
Article 8 right to a private life. The question is, was the
surveillance proportionate? My view is no - the authority would have
been better off asking for evidence of utility bills covering the
relevant period, but RIPA hasn't been breached here, but HRA probably
has.
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)
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