Investigatory powers and covert surveillance (RIPSA)

There are legal rules that apply to how the council uses some of its of Investigatory and enforcement powers, for example, in relation to trading standards, environmental health, planning, fly-tipping and antisocial behaviour. Those rules are in the Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA).

RIPSA does not give the council extra powers. It controls the way existing powers are used. It provides safeguards for the public and balances the use of Investigatory powers with the rights guaranteed in the Human Rights Act 1998.

Not every investigation is covered by RIPSA. It applies to investigations tackling public safety, public health or the detection of crime. It covers the use of deliberate and planned activities to gather information where the person being investigated is not aware of being watched. It can include physical observation, taking photographs and the use of the internet and social media. The council cannot listen to phone calls or intercept electronic communications.

A written application must be made setting out the purpose and aims of the investigation, who will be carrying it out, and how and when it will be done. If it is justified, a formal time-limited authorisation is issued which specifies how the investigation is conducted and what can be done with any information gathered.

The council's RIPSA policy was approved by committee on 23 May 2023 and is reviewed every three years. Supporting internal procedures provide guidance and advice for council officers and set out the authorisation process . The procedures are regularly updated to reflect things like changes in law and guidance.

The RIPSA Senior Responsible Officer is the Depute Chief Executive (Corporate, Housing & Operational Services) and is responsible and accountable for ensuring legal compliance with RIPSA across the council. The RIPSA Authorising Officers are the council's Governance Manager and its Chief Solicitor.

The council publishes an annual report every August/September to show the way RIPSA was applied by the council. The most recent was for 2023/24, published and reviewed by councillors on 27 August 2024.

The Investigatory Powers Commissioner's Office (IPCO) supervises the way the council uses RIPSA and conducts inspections every three years. The last inspection was in late 2022 and

the findings were reported to PDSP on 23 February 2023, with the findings included in the annual report for 2022/23. The next inspection is due in 2025.

An annual compliance statement is included in the annual corporate governance reporting process. That ensures that Governance & Risk Committee is sighted on RIPSA compliance alongside the compliance statements for the other significant areas of corporate activity, such as anti-fraud & corruption and whistleblowing. It is an addition to the annual PDSP reporting requirement and not an alternative or substitute

Enquiries should be directed to the council's Governance Manager, Lesley Montague lesley.montague@westlothian.gov.uk