RIPSA Covert Surveillance Update (Understanding Directed Surveillance, Intrusive Surveillance and CHIS and the latest RIPSA developments)

Understanding Directed Surveillance, Intrusive Surveillance and CHIS and the latest RIPSA developments

The Regulation of Investigatory Powers (Scotland) Act 2002 (RIPSA) governs the way the Scottish public sector (e.g. councils, emergency services and the NHS) does directed surveillance, intrusive surveillance and deploys a Covert Human Intelligence Source (CHIS). This workshop will explain these terms in detail, will look at the record keeping and authorisation requirements as well as examine related legislation e.g. the Human Rights Act and the Data Protection Act. It will help delegates prepare for an Office of Surveillance Commissioners (OSC) inspection and implement any action points from a previous inspection.

STOP PRESS - The Coalition Government has announced a review into RIPA with a view to amending councils' powers so that surveillance has to be authorised by a Magistrate. It is likely that the Scottish Executive will propose similar changes to RIPSA in 2011. This workshop will examine all the latest developments in Scotland and give you an action plan for compliance.

PROGRAMME - 10.00am to 4.00pm

Human Rights and Privacy

• Article 8 - Right to Privacy
• Article 6 - Right to a Fair Trial
• Necessity and Proportionality
• Consequences of non compliance

Directed Surveillance

• When is surveillance "covert"?
• What is "private information"?
• What is a "specific investigation or operation"?
• Is CCTV covered?

Intrusive Surveillance

• What is "intrusive"?
• Who can do it and who can't?
• Is noise monitoring covered?

Covert Human Intelligence Sources (CHIS)

• What is a CHIS?
• Common forms of CHIS
• What about test purchases?

RIPSA Authorisation Procedures

• Who can authorise?
• Necessity grounds
• What is "proportionality"?
• Collateral intrusion
• Revised standard Home Office forms

Surveillance Commissioner (OSC) Inspections

• Lessons from the latest report
• Preparing for an inspection
• Common criticisms

Latest Legal Cases

We will look at the latest case from the Investigatory Powers Tribunal (Poole Council) on Directed Surveillance as well as the latest surveillance cases from the civil and criminal courts.

Common Question

Test purchases, drive by's, watching smoking in pubs, under age sales, authorisation levels, other legal powers, informants' and diary sheets etc.

Practical Exercises

All the above will be taught in a practical context with use of Scotland specific case studies and discussion.

COMMENTS FROM PREVIOUS DELEGATES

"Excellent pace, well delivered by very knowledgeable and experienced practitioner. Got the level and detail I wanted."AB, Care Commission

"Excellent, interesting and detailed course - a veritable fort of useful information - FANTASTIC!"AW, Scottish Government

"Excellent speaker. A very useful update given, speaker knows her area of expertise."AB, Renfrewshire Council

ACCREDITED BY

Solicitors Regulation Authority

The Institute of Legal Executives (ILEX)

4.5 CPD Credit (SRA Reference: CJP/ANTL)