Fraud guide surveillance Surveillance Introduction IntroductionThis section provides comprehensive guidance on surveillance the Regulation of Investigatory Powers Act RIPA and the Home O ?ce Statutory Code Of Practice COP covering the authorisation of cov
Surveillance Introduction IntroductionThis section provides comprehensive guidance on surveillance the Regulation of Investigatory Powers Act RIPA and the Home O ?ce Statutory Code Of Practice COP covering the authorisation of covert directed surveillance Directed surveillance requires authorisation in accordance with RIPA where it is conducted covertly and undertaken for the purposes of a speci ?c investigation or operation and is likely to result in the obtaining of private information about a person decision There is no requirement for an authorisation in accordance with RIPA where the surveillance undertaken will not obtain private information about a person Under RIPA the Department for Work and Pensions DWP cannot authorise intrusive surveillance For information and de ?nition of intrusive surveillance see Intrusive surveillance Covert surveillance against DWP employees can only be carried out by Fraud Investigation Service FIS as part of an investigation into bene ?t- related fraud Any suggestion that a DWP employee is involved in other types of fraud or wrongdoing and where a Social Security bene ?t is not involved must be referred to Risk Assurance Division RAD 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 The Surveillance COP provides several reasons why surveillance can be legitimately used However for bene ?t fraud investigations the only relevant justi ?cation for the use of surveillance is for ??the prevention or detection of crime ? For the purposes of paragraph of the Surveillance COP this means the investigation of bene ?t fraud o ?ences RIPA recommends that all directed surveillance is authorised In DWP this is mandatory Note Local Authorities LAs in Scotland have to abide by the Regulation of Investigatory Powers Scotland Act RIP S A RIP S A has its own Covert Surveillance Code of Practice Surveillance should not be undertaken unless it is necessary and proportionate to the alleged o ?ence and has been properly authorised This means that all other avenues of obtaining the information must be considered ?rst Paragraph of the Surveillance COP states that general observation does not usually require authorisation under RIPA It is Fraud Guide - Surveillance Cimportant to understand that ? general observation ? in this context is not systematic surveillance as described in this manual Observation of a location for the purposes of conducting a presurveillance check or on an employer ? s premises to ascertain numbers of employees to inform how best to conduct a fraud drive using s B or C powers do not require RIPA authorisation Investigators must not undertake surveillance unless they have completed the relevant professionalism in Security PINS learning Objectives of surveillance Surveillance operations can have many objectives ? the purpose of surveillance is to prevent or detect a crime including bene ?t o ?ences ? surveillance may involve obtaining detailed information about a subject ? s activities checking on the reliability of information received
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- Publié le Oct 15, 2022
- Catégorie Law / Droit
- Langue French
- Taille du fichier 224.2kB