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Powers to spy on members of the public by Middlesbrough Council will be under review next week.

On Tuesday, Cllr Nicky Walker, executive member for finance and governance, will decide whether approve the council's policy on the use of the controversial Regulatory Investigatory Powers Act 2000 (RIPA).

RIPA was enacted as part of a suite of legislation flowing from the Human Rights Act 1997.

It effectively enables councils and other public bodies to use covert techniques to gather information about individuals and companies suspected of wrongdoing.

Middlesbrough's use of RIPA

Middlesbrough Council used RIPA surveillance powers to spy on individuals three times in 2015/16, six times in 2016/17 and on one further occasion in 2017/18.

The council used what is known as "directed covert surveillance" powers to investigate five cases of illicit tobacco, three cases of counterfeit goods, one case of copyright infringement and one case of underage e-cigarette sales.

(Image: Middlesbrough Council)

Terms like "directed covert surveillance" have a specific meaning as defined in the council's current RIPA policy.

Surveillance

Surveillance is a very broad term which encompasses almost any instances of the local authority watching or listening to an individual.

It is defined in the policy as: "Monitoring, observing or listening to persons, their movements, conversations or other activities and communications."

"Recording anything monitored, observed or listened to in the course of surveillance.

"Surveillance by or with the assistance of a surveillance device."

Covert Surveillance

Spying essentially. Surveillance is considered covert if it involves it being done in secret.

The policy says: "Surveillance carried out in a manner which is calculated to ensure that any persons who are subject to the surveillance are unaware that it is or may be taking place."

Directed surveillance

Directed surveillance involves covert surveillance carried out on an specific person of interest.

The policy says: "Surveillance is 'directed' if it is covert - but not intrusive - and is undertaken for the purposes of a specific investigation or operation or is carried out in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation)

Intrusive Surveillance

RIPA doesn't allow the council to carry on like MI5.

They can't bug your house or car - this would be classed as intrusive surveillance.

The council's policy includes its definition to make sure officers don't do anything illegal.

The policy says: "Local authorities have no power to grant authorisations for intrusive surveillance but it is included here to alert officers to be aware of inadvertently breaching this rule.

"Surveillance is intrusive for the purposes of RIPA if it is covert surveillance that is carried out in relation to anything taking place on any residential premises or in any private vehicle and involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device."

Covert Human Intelligence Source (CHIS)

This basically involves somebody going undercover.

The policy says: "A person is a CHIS if they establish or maintain a personal or other relationship and they covertly use such a relationship to obtain information or to provide access to any information to another person, or they covertly disclose information obtained by the use of such a relationship or as a consequence of the existence of such a relationship."

Authorisation

The council is not allowed to spy on people as and when it likes.

Each covert surveillance operation involving directed surveillance or covert human intelligence sources need to be authorised internally in writing by an authorised council officer.

On top of that, all applications must then be externally approved by a magistrate at court .

The council's policy says: "No investigation can commence until it has been both internally authorised and externally approved by the court."

(Image: Middlesbrough Council)

In July, Judith Hedgley, head of public protection, told the Culture and Communities Scrutiny Panel how RIPA was used by the council.

"We only use it when we can't gather evidence by any other means," she said.

"When we do, it is 'directed' - focused on a specific individual or group."

She said that there is a strict internal procedure in place that has to be followed in order to apply for authorisation to use surveillance RIPA powers.

She added: "As soon as we've gathered the information we need, then we stop it..

"We're not churning them out every two weeks - it's something we fall back to."

A report, prepared for Cllr Walker ahead of Tuesday's meeting, said: "The act requires that when public authorities need to use covert techniques

to obtain private information about someone, they only do so if surveillance is necessary, proportionate, and compatible with human rights.

"For public authorities, where a suspected offence could result in a custodial sentence of more than six months, or where it is suspected that alcohol or cigarettes are being sold to children, covert surveillance can be undertaken, subject to magistrate approval, if it is not possible to gather sufficient evidence to secure a prosecution without this."