Swindon Borough Council warmed over breach of use of power to prevent crime
Sir Brian Leveson says he's 'reassured' at measures implemented by the local authority to stop it happening again
Last updated 25th Jul 2024
The government office overseeing the use of laws designed to protect national security has given Swindon Borough Council a slap on the wrist.
Members of the authority’s Audit Committee heard about the council’s use of, and procedures for dealing with, the Regulation of Investigatory Powers Act 2000.
While the law is mainly designed to make sure agencies like MI5, MI6 and GCHQ stay within the law, some of the powers in the act can be used by local councils like Swindon’s but only in order to prevent crime.
Sir Brian Leveson, the Investigatory Powers Commissioner has written to the council, members of the committee learned, about a breach of the act last year.
He details the council’s admission that officers had failed to get a prior sign-off from a magistrate for a test purchase of vapes where they thought a retailer was selling tobacco and vapes to under-age children.
His letter said: ”Highlighted was the unauthorised activity, which had taken place under your test purchase operation, Operation Amun.
“Those involved in the authorisation process were unaware of the requirement for judicial approval, which is outlined in the Covert Surveillance and Property Interference Code of practice.
“It also appears, the perceived authorisation was not officially cancelled, while this may not be relevant as the activity was not properly authorised in the first instance, it highlights a further shortfall in the knowledge of those involved in the authorisation process.”
His letter does go on to say that the council has acknowledged the error and strengthened its procedures: “Having identified the error, Swindon Borough Council recognised the lack of knowledge across the organisation and introduced an appropriate training schedule, which captured all those likely to be involved in the application, authorisation and delivery of covert surveillance activity.”
It added: “I am reassured, once the measures agreed have been implemented, that Swindon Borough Council will be in a stronger position regarding its ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016. As such, your council will not require further inspection this year”
Local authorities are only allowed to carry out surveillance under RIPA for preventing or detecting a criminal offence which would be punishable by a prison sentence of at least six months. Councils can only carry out directed covert surveillance, and approval from a magistrate must be obtained before any surveillance is carried out.