Decision

URL: https://democracy.darlington.gov.uk/ieDecisionDetails.aspx?ID=2043

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: The Cabinet Member with the Resources Portfolio introduced the report of the Executive Director of Resources and Governance (previously circulated) informing and updating Members on issues relevant to the use of the Regulation of Investigatory Powers Act (RIPA) 2000; developments that have taken place since the last report to Cabinet in March 2025 and requesting that consideration be given to the RIPA Policy (also previously circulated).   The submitted report stated that the RIPA Act 2000 enabled local authorities to carry out certain types of surveillance activity as long as specified procedures were followed; the Investigatory Powers Act 2016 (IPA) was the main legislation governing the acquisition of communications data; the information obtained could be relied upon in court proceedings providing RIPA and IPA was complied with; and that no RIPA directed surveillance applications or IPA communications data applications had been authorised since the last report to Cabinet. It was reported that the RIPA Policy was attaches for Members to consider and approve, in line with the Home Office Code of Practice which recommends an annual approval process.   RESOLVED - It is recommended that Members: - (a)    Note the issues raised in the report (b)   Approve the RIPA Policy at Appendix 1 to this report (c)    Members receive further reports on the Council’s use of RIPA and IPA and other associated issues.   REASON - The recommendations are supported by the following reasons: - (a)    As stated in the Home Office Code of Practice, the RIPA Policy should be approved by Members on an annual basis. (b)   In order to ensure that the Council complies with the legal obligations under RIPA, IPA and national guidance. (c)    To help in raising awareness and giving transparency about the use of RIPA and IPA in this Council.  

Date of Decision: September 8, 2026