Sandwell Council spy powers to be renewed

Council bosses will vote to continue using the Regulation of Investigatory Powers Act 2000 at a cabinet meeting on Wednesday.

The act gives local authorities the power to carry out covert surveillance which would normally breach human rights laws.

Sandwell Council has only used the powers once, which was during a trading standards investigation into the sales of counterfeit goods.

Steve Eling, leader of the council, said: "We only ever used the act once during an investigation into rogue traders who were ripping people off with fake goods.

"The powers of the act are used to collect evidence, which protects people from being ripped off.

"We normally bring prosecutions against rogue traders without having to resort to RIPA powers, we very rarely use it.

"But the powers are there if we need it.

"It has got a bad name in other council areas where they are used to spy on people, but we have never done that.

"We have to renew the powers by law."

The act grants councils the power to carry out 'covert surveillance' during specific operations, and allows the use of agents, informants and under cover officers.

Council operatives used 'direct surveillance' to spy on the rogue traders as part the investigation, which took place in the last 14 months.

Sandwell Council is updating the act to make it official that it will fall under the responsibility of a new chief officer, who has been appointed as the director of resources.

A council report into RIPA said: "The Regulation of Investigatory Powers Act 2000 specifies the circumstances in which a local authority may carry out covert surveillance, which may otherwise constitute a breach of the Human Rights Act 1998.

"Activities which may be carried out by a Local Authority, provided it complies with the Regulation of Investigatory Powers Act 2000 include: covert surveillance in the course of a specific operation; and the use of covert human intelligent sources, such as agents, informants and under cover officers."

Councillor Syeda Khatun, deputy leader at Sandwell Council, said: “We use these powers sparingly where we need to in the fight against crime.

“Our priority is to protect people from criminals – and we continue to use RIPA when there is no other option to gain evidence, for example in trading standards investigations.”

The council was inspected by the office of surveillance commissioners - which looked into its RIPA set-up - in July.

Inspectors deemed the council's structure 'sound and compliant'.

But inspectors emphasised the council to avoid risks of any 'unauthorised infringement of privacy' during online investigations.

The next inspection is due to take place in 2019.