A consultation has been launched by the Home Office into how and when the authorities should use covert surveillance powers.
The use of such techniques under the Regulation of Investigatory Powers Act 2000 (known as RIPA) has been the subject of debate recently after reports emerged that some local authorities were conducting covert investigations into trivial offences.
But many police and counter-terrorism investigations rely on the kinds of investigation techniques regulated by RIPA, the Home office adds, and that work is vital to protecting public safety. That work can make a real difference in peopleโs everyday lives by, for example, identifying rogue traders or fly tippers who dump illegal rubbish on a huge and damaging scale.
The Government says that it wants to ensure that investigations can continue to be effective in cases like that, while not being misused for less important matters, such as (notoriously) owners of fouling dogs, so the consultation includes revised codes of practice for all who would use the techniques covered by the act.
The new codes would provide greater clarity on when it’s appropriate to use RIPA techniques, and make it clear that RIPA should not be used to investigate minor issues.
Key issues
The government asks for input on such questions as:
Which public authorities should be able to authorise investigatory techniques like covert surveillance?
When and why should these techniques be used?
Should only high-ranking local authority employees be able to authorise covert investigation?
Should elected councillors also play a role in approving or overseeing any local covert investigations?
Home Secretary Jacqui Smith said the government has ‘absolutely no interest in spying on law-abiding people going about their everyday lives.’
‘Our country has a proud tradition of individual freedom,’ she said. ‘This involves freedom from unjustified interference by the state. But it also includes freedom from interference by those who would do us harm.
‘The government is responsible for protecting both types of freedom. In order to do this, we must ensure that the police and other public authorities have the powers they need. But we must also ensure that those powers are not used inappropriately or excessively. I don’t want to see these powers being used to target people for putting their bins out on the wrong day or for dog fouling offences.’
