Learn about your surveillance responsibilities with RIPA Rae

Do your part, be RIPA smart!

As a Council, we serve our communities in many different ways - this includes protecting the public. The Council carries out a number of regulatory activities - in order for these to operate effectively, and for the public good, sometimes it is necessary to use monitoring/surveillance.

At the same time, the Council also has to be respectful of individual rights and privacy. Key pieces of legislation that help us achieve this balance are RIPA and The Human Rights Act (HRA).

Sometimes the Council may carry out monitoring/surveillance in other ways that does not involve RIPA. The Council must always consider individual rights and privacy when using monitoring/surveillance.

We have created this page to help you know when you are carrying out monitoring/surveillance and what you need to consider:

What is RIPA?
When does RIPA apply?

What is RIPA?

The Regulation of Investigatory Powers Act 2000 (RIPA) is a law that explains how and when Councils can use investigative powers. It makes sure that any actions taken are lawful, necessary, and proportionate.

RIPA helps protect people's privacy during criminal investigations. It only allows privacy to be interfered with when the law allows it and when there is a good reason to do so in the public interest.

RIPA regulates certain methods of investigation, including:

Surveillance
Covert human intelligence sources
Handling of communications data

When does RIPA apply?

RIPA sets out the authorisation requirements for all covert surveillance carried out by Councils where we are gathering private information about someone, without that person knowing.

Under RIPA, surveillance means watching, listening to, or tracking people, their actions, conversations, or communications.

Some common examples of when RIPA may apply include:

Using CCTV footage for surveillance purposes
Using social media to look at a customer or colleagues activities in a work capacity
Using communications records to monitor someone's activity or behaviour
Using undercover officers to gather information, often without the person being investigated knowing.

What if I am carrying out covert surveillance but not for a criminal investigation?

Whilst RIPA does not apply to every criminal investigation and does not apply to non-criminal investigations, the Council always has to be respectful of individual rights and privacy.

The Human Rights Act (HRA) ensures individuals are protected and their basic rights protected. This is to ensure that every individual can live a life of dignity. For example, Article 8 entitles everyone has the right to respect for their private and family life, their home and their correspondence. Individuals have a right to a freedom of expression and association and assembly. Surveillance can also trigger individual rights under the Data Protection Act (DPA).

RIPA Training

The RIPA e-learning module is available for staff to complete on iDev. By the end of the module you will understand the requirements of the Regulation of Investigatory Powers Act 2000 and how it applies to your work.

What to do if you are thinking of conducting surveillance / monitoring or you think you might already be carrying it out?

The Council has a dedicated resource page:

Regulation of Investigatory Powers Act 2000 (RIPA)

You can Contact the Information Governance Team for advice via Teams or email:

dpo@valeofglamorgan.gov.uk
This mailbox is monitored Monday - Friday, from 8.30am to 5pm.