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Surveillance 00 Introduction Introduction 1. This section provides comprehensiv

Surveillance 00 Introduction Introduction 1. This section provides comprehensive guidance on surveillance, the Regulation of Investigatory Powers Act (RIPA) 2000 and the Home Office Statutory Code Of Practice (COP) covering the authorisation of covert (directed) surveillance. 2. Directed surveillance requires authorisation in accordance with RIPA 2000 where it is conducted covertly and undertaken for the purposes of a specific investigation or operation and is likely to result in the obtaining of private information about a person. decision 3. There is no requirement for an authorisation in accordance with RIPA 2000 where the surveillance undertaken will not obtain private information about a person. 4. Under RIPA, the Department for Work and Pensions (DWP) cannot authorise intrusive surveillance. For information and definition of intrusive surveillance, see Intrusive surveillance. 5. Covert surveillance against DWP employees can only be carried out by Fraud Investigation Service (FIS) as part of an investigation into benefit-related fraud. Any suggestion that a DWP employee is involved in other types of fraud, or wrongdoing and where a Social Security benefit is not involved must be referred to Risk Assurance Division (RAD). 6. Where the proposed surveillance is overt, for example, use of Closed Circuit Television (CCTV), and it is considered that no private information will be obtained, a RIPA authorisation is not required. For further details, see Closed Circuit TV (CCTV). 7. The Surveillance COP provides several reasons why surveillance can be legitimately used. However, for benefit fraud investigations, the only relevant justification for the use of surveillance is for “the prevention or detection of crime”. For the purposes of paragraph 5.1 of the Surveillance COP, this means the investigation of benefit fraud offences. 8. RIPA recommends that all directed surveillance is authorised. In DWP, this is mandatory. 9. Note: Local Authorities (LAs) in Scotland have to abide by the Regulation of Investigatory Powers (Scotland) Act (RIP(S)A) 2000. RIP(S)A has its own Covert Surveillance: Code of Practice. 10. Surveillance should not be undertaken unless it is necessary and proportionate to the alleged offence and has been properly authorised. This means that all other avenues of obtaining the information must be considered first. 11. Paragraph 2.24 of the Surveillance COP states that general observation does not usually require authorisation under RIPA. It is Fraud Guide - Surveillance (06/13) important to understand that ‘general observation’ in this context is not systematic surveillance as described in this manual. 12. Observation of a location for the purposes of conducting a pre- surveillance check or on an employer’s premises to ascertain numbers of employees to inform how best to conduct a fraud drive using s109B or109C powers, do not require RIPA authorisation. 13. Investigators must not undertake surveillance unless they have completed the relevant professionalism in Security (PINS) learning. Objectives of surveillance 14. Surveillance operations can have many objectives: • the purpose of surveillance is to prevent or detect a crime including benefit offences • surveillance may involve: { obtaining detailed information about a subject’s activities { checking on the reliability of information received { obtaining information to use later in an interview { getting a picture of a subject’s movements or work pattern { obtaining evidence for use in court { establishing a subject’s whereabouts or domicile. 01 Definitions Surveillance 1. Section 48(2) of Regulation of Investigatory Powers Act (RIPA) 2000 subject to subsection (3) sets out the following interpretation of ‘surveillance: “a) monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications; b) recording anything monitored, observed or listened to in the course of surveillance; and c) surveillance by or with the assistance of a surveillance device.” 2. Subsection (3) states: “References in this Part to surveillance do not include references to: a).any conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) any information which is disclosed in the presence of the source; b).the use of a covert human intelligence source for obtaining or recording information; or c).any such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under – i).Section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or ii).Part III of the Police Act 1997 (powers of the police and of customs officers).” Fraud Guide - Surveillance (06/13) 3. For Local Authorities (LAs) in Scotland, the equivalent part of Regulation of Investigatory Powers (Scotland) Act (RIP(S)A) 2000 is Section 31(2). Directed Surveillance 4. Directed surveillance is defined in paragraph 2.2 of the Surveillance COP with reference to section 26(2) of RIPA as directed if the following are all true: • it is covert, but not intrusive surveillance; • it is conducted for the purposes of a specific investigation or operation; • it 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 or operation); • it is conducted otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under Part II of the 2000 Act to be sought 5. Thus, the planned covert surveillance of a specific person, where not intrusive, would constitute directed surveillance if such surveillance is likely to result in the obtaining of private information about that, or any other person. Private Information 6. The 2000 Act states that private information includes any information relating to a person’s private or family life. Private information should be taken generally to include any aspect of a person’s private or personal relationship with others, including family and professional or business relationships. 7. Whilst a person may have a reduced expectation of privacy when in a public place, covert surveillance of that person’s activities in public may still result in the obtaining of private information. This is likely to be the case where that person has a reasonable expectation of privacy even though acting in public and where a record is being made by a public authority of that person’s activities for future consideration or analysis. Example: Two people holding a conversation on the street or in a bus may have a reasonable expectation of privacy over the contents of that conversation, even though they are associating in public. The contents of such a conversation should therefore still be considered as private information. A directed surveillance authorisation would therefore be appropriate for a public authority to record or listen to the conversation as part of a specific investigation or operation. 8. Private life considerations are particularly likely to arise if several records are to be analysed together in order to establish, for example, a pattern of behaviour, or if one or more pieces of information (whether or not available in the public domain) are covertly (or in some cases overtly) obtained for the purpose of making a permanent record about a person or for subsequent data processing to generate further information. In such Fraud Guide - Surveillance (06/13) circumstances, the totality of information gleaned may constitute private information even if individual records do not. Where such conduct includes surveillance, a directed surveillance authorisation may be considered appropriate. Example: Officers of a local authority wish to drive past a café for the purposes of obtaining a photograph of the exterior. Reconnaissance of this nature is not likely to require a directed surveillance authorisation as no private information about any person is likely to be obtained or recorded. However, if the authority wished to conduct a similar exercise, for example to establish a pattern of occupancy of the premises by any person, the accumulation of information is likely to result in the obtaining of private information about that person and a directed surveillance authorisation should be considered. 9. Private information may include personal data, such as names, telephone numbers and address details. Where such information is acquired by means of covert surveillance of a person having a reasonable expectation of privacy, a directed surveillance authorisation is appropriate11. Example: A surveillance officer intends to record a specific person providing their name and telephone number to a shop assistant, in order to confirm their identity, as part of a criminal investigation. Although the person has disclosed these details in a public place, there is nevertheless a reasonable expectation that the details are not being recorded separately for another purpose. A directed surveillance authorisation should therefore be sought. Intrusive surveillance 10. Intrusive surveillance is covert surveillance that is carried out in relation to anything taking place on 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. 11. The definition of surveillance as intrusive relates to the location of the surveillance, and not any other consideration of the nature of the information that is expected to be obtained. In addition, surveillance under the ambit of the 2010 Order is to be treated as intrusive surveillance. Accordingly, uploads/S4/ fraud-guide-surveillance.pdf