Content

Salford City Council - Record of Decision (Cabinet)

I, Paul Dennett,
City Mayor, in exercise of the
powers contained within the City Council Constitution do hereby approve:
 
The
Council’s revised policies and procedures regarding the use
of the powers available to the Council under the Regulation of
Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers
Act 2016 (IPA).
The Reasons are:
The
Council is required to have robust and up to date policies and
procedures in place to ensure it can comply with the requirements
set out in the Regulation of Investigatory Powers Act 2000 (RIPA)
and the Investigatory Powers Act 2016 (IPA). The revised policies
and procedures achieve this.
 
Options considered and rejected were:
No
options were considered and rejected.
Assessment of Risk:

The Council must ensure that it complies with the
requirements of RIPA, the IPA, and the associated Home of Codes of
Practice. Failure to have appropriate policies and procedures in
place may lead to the Council not meeting its statutory
obligations, exceeding its powers, and placing it at risk of
complaints to the Investigatory Powers Tribunal and/or the related
risk of legal challenge with its attendant reputational and
financial consequences. It is anticipated that the Council will be
able to meet its obligations, so the risk is considered
low.
 
The source of funding is: N/A
 

Legal Advice
obtained:

Supplied by Ian Mark, Principal Lawyer, Shared Legal
Service
 
Financial Advice
obtained: N/A
 
Procurement Advice obtained: N/A
 
HR Advice obtained:
N/A
 
Climate Change Advice
obtained: N/A
The following documents have been used to assist the decision
process:

·        
The Regulation of Investigatory Powers Act 2000
(RIPA) Policy and Procedures
2016

·        
Surveillance under the Regulation of Investigatory
Powers Act 2000 (RIPA) Policy and Procedure version 1.5.

·        
Use of Social Media in Investigations Policy and Procedure –
September 2017

·        
Home Office Covert Surveillance and Property Interference Code of
Practice

 
Contact
Officer: Gareth James, City
Solicitor                         
Telephone
number: 0161 793 3620
 
The
appropriate scrutiny to call-in the decision is the Community and
Neighbourhoods Scrutiny Panel.

 

Signed:
 Paul Dennett                                                
  Dated:  13.12.23                                                    
.          
City Mayor
 

For Democratic
Services use only

 

This decision was
published on  13.12.23                                           

This decision will
come in force at 4.00 p.m. on 20.12.23                   
                              
unless it is called-in in
accordance with the Decision Making Process Rules.