Councillor Peter Jones, Executive Member for Corporate Governance & Resources at Torfaen Council, was scheduled to review Torfaen Council's policies on the use of covert surveillance powers.

Annual Report Regarding The Use of The Council's Powers in Relation to Surveillance under The Regulation of Investigatory Powers Act 2000 (RIPA)

Councillor Jones was scheduled to be given an update on the Council's use of its powers under the Regulation of Investigatory Powers Act 2000 (RIPA). The report pack reminds the Executive Member that

The Regulation of Investigatory Powers Act 2000 (RIPA) was introduced to enable public authorities which include Local Authorities to use covert investigation techniques in a way that is necessary, proportionate, and compatible with human rights.

The report, submitted by Delyth Harries, Monitoring Officer and Assistant Chief Legal Officer, describes the various types of covert surveillance that the council is empowered to carry out under RIPA, and names the six officers who are authorised to approve the use of surveillance. It describes how the Investigatory Powers Commissioner (IPC) is responsible for overseeing the conduct of covert surveillance and describes how the IPC inspected the Council in February 2020. The report says that

In summary it was stated that the information provided demonstrated a level of compliance that removed the requirement for a physical inspection

and provides an action plan based on the recommendations from that inspection. The report then lists the activities the council has carried out under RIPA since the last report in 2023. This includes the fact that no covert human intelligence source (CHIS) authorisations or directed covert surveillance authorisations have been granted, but it explains that public protection officers consider the use of RIPA powers on a case-by-case basis. The report describes how Public Protection and Environment Services have:

secured funding for the purchase and ongoing maintenance of new mobile smart camera technology and have developed a procedure for their deployment throughout the borough to capture and identify fly tipping perpetrators.

It describes the procedure as an:

Operational Protocol: The Use of Mobile Surveillance Equipment for Fly-Tipping Investigations

The report notes that no formal RIPA training has been carried out in the last year, and ends with an update on the Council's membership of the National Anti-Fraud Network (NAFN), which enables it to access communications data.

The report makes a number of recommendations, concluding:

That the Executive Member notes the Report and the Council’s policies on the use of Direct Surveillance, CHIS, and the Acquisition of Communication Data under RIPA.