To receive a recommendation from the Audit and Governance Committee. 

1.       That the Regulation of Investigatory Powers Act 2000 Surveillance and Covert Human Intelligence Source Policy be APPROVED.  

2.       That the Investigatory Powers Act 2016 Acquisition of Communications Data Policy be APPROVED.

3.       That approval of future minor amendments be delegated to the Borough Solicitor, in consultation with the Counter Fraud Unit Manager and the Lead Member for Corporate Governance.

51.1          The report of the Borough Solicitor, circulated at Pages No. 31-81, provided the Committee with a revised Regulation of Investigatory Powers Act 2000 Surveillance and Covert Human Intelligence Source Policy; and a new Investigatory Powers Act 2016 Acquisition of Communications Data Policy. Members were asked to approve the policies and to authorise the Borough Solicitor to approve future minor amendments in consultation with the Counter Fraud Unit Manager and the Lead Member for Corporate Governance.

51.2          The Counter Fraud Unit Manager advised that the local authority was required to have effective policies to enable Officers to gather intelligence and conduct surveillance in line with the law and the policies appended to the report refreshed the Council’s existing policies. The polices demonstrated the authority’s consideration of necessity, proportionality and public interest when deciding on surveillance activity and requests for communication data, as well as demonstrating openness and transparency for its customers. The report also provided an update in relation to the authority’s existing authorisation arrangements and the outcome of the recent inspection by the Investigatory Powers Commissioner’s Office. In future, the Counter Fraud Unit would be responsible for the annual update, any policy refresh, and inspections. 

51.3          Accordingly, it was