IPCO Annual Report 2018
13.13
In 2018, we focused on the use of social media as part of investigative or enforcement
activities. We have found that some councils have updated their RIPA or Regulation of
Investigatory Powers (Scotland) Act 2000 (RIP(S)A) policies to include sections on social
media, whilst others have added an annex. In many cases, this has reflected the text
of the August 2018 Code of Practice (CoP), which we encourage. We have commended
programmes to raise awareness of the challenges of working with social media; these
have variously included intranet information bulletins and internal training updates.
However, we have seen that this approach is not universal and some authorities are yet to
recognise the implications of social media for their work, both in terms of opportunities
and limitations. We are also concerned that awareness programmes and policies can
sometimes only consider ‘key departments’ and do not consider the less obvious ways in
which their staff may interact with social media. For example, officers working in the areas
of childcare, school exclusions, elderly and social care provision and human resources can
inadvertently become involved in activities which constitute surveillance. This means they
need to be clear on the legal frameworks which govern their work. We will continue to
focus on this area in 2019, to ensure that councils are adhering to the relevant guidelines
and are considering the implications of retention for any data they obtain in the context of
increased public interest and concern about access to private data.
13.14
We are conscious that providing training for staff not directly involved in surveillance or
CHIS activities may appear to be an unnecessary cost for councils. However, we have noted
that inexperienced staff who have not been trained are vulnerable to inadvertently straying
into activities which may not properly be authorised. We recommend that councils invest in
training staff to understand the potential for any actions requiring authorisation, and that
there are policies and key people in place within the public authority to which they can turn
for further advice. We commonly recommended that individuals who had not received RIPA
training since our last inspection should be provided with appropriate refresher training on
changes that have come into force in recent years.
13.15
We inspected one council, in particular, that benefited from this approach in 2018; they
were able to respond in a compliant manner using surveillance tactics to an increase in
waste tipping. Our inspection noted that the authorisation records were well-kept and the
powers used appropriately. We also inspected several authorities which demonstrated
good training provision and policies despite limited use of covert powers.
13.16
We were particularly impressed by one council’s comprehensive approach to policy and
guidance. This included a RIPA policy; Social Networking Site Guidance; a CCTV Code of
Practice; CCTV Procedural Guidelines; and separate Codes of Practice for CCTV in Council
Run Buildings, the use of Body Worn Video Cameras and Public Space Surveillance
Cameras. We were pleased to note that some of these had been drafted in collaboration
with local police, demonstrating a thoughtful approach to covert investigations in the area.
This practice gives us a high level of confidence in how these powers are being considered
and used and we would hope to see this sort of approach replicated elsewhere.
13.17
The CoP requires local authorities to report the fact of its use of surveillance powers to
elected council Members.35 We identified that some councils had failed to comply with this
practice requirement and that Members were not being updated on a regular basis of any
usage, or not, of the relevant powers. This is essential to enable the Members to determine
the RIPA/RIP(S)A policy each year. We have recommended that this should be remedied
immediately, such that councils are making regular and accurate reports of usage.
35 Paragraph 4.47, and paragraph 3.30 in the CHIS Code of Practice.
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