FIFE COUNCIL - FOI Q6.1/2008114 from David Hansen, www.whatdothyeknow.com

KEY/ABBREVIATIONS USED

CS Covert Surveillance

CHIS Covert Human Intelligence Surveillance

CS/CHIS Combined Covert with Human Intelligence Surveillance

DS Directed

1) The number of times directed surveillance has been authorised by a council official for council investigations.

There were 0 in the years 2000, 2001, 2002, 2003 and 2004.

There were 22 DS in 2005 (all were Housing Investigations into noise complaints or anti-social behaviour.) There were 30 DS in 2006 (29 were Housing Investigations into noise complaints or anti-social behaviour and 1 was a trading standards investigation) In 2007 there were

28 DS (2 were Trading Standards investigations, the rest were Housing Investigations) and there have been 13 DS to date in 2008 (all were Housing Investigations)

2) The number of times intrusive surveillance has been used, perhaps in conjunction with Fife Constabulary, for council investigations.

Please note there are no records of joint operations. Fife Constabulary is a separate data controller in terms of the Act so if you require information relating to Fife Constabulary you need to request your information from them. Details of their FOI officer can be found on their website at www.fife.police.uk then use the “Information Centre” link to get to details under the sub-heading “Freedom of Information”.

There was no CS in 2000. In 2001 there were 2 CS (both were Trading Standards investigations into counterfeit goods) and 17 CS were recorded for 2002 (All related to Housing Investigations (noise or anti-social behaviour) There were 21 CS in 2003 (19 were Housing Investigations, 2 were Trading Standards) and 10 CS in 2004 (All were Housing Investigations)

In 2005 there were 9 CS. There was no CS in each of 2006, 2007 and 2008.

3) The number of times covert human intelligence has been used, perhaps in conjunction with Fife Constabulary, for council investigations.

1 CHIS was used in 2000. No CHIS were used in each of 2001, 2002 an 2003. 3 CHIS were used in 2004 and also there were 2 operations combining a CHIS with a CS. No CHIS have been used in the years 2005, 2006, 2007 and 2008.

4) The number of each type of request where the investigation or operation was deemed likely to result in obtaining confidential information.

None. Only the police and the security services can use intrusive surveillance e.g. bugging. This means that Fife Council has never been in a position to discover confidential information as defined in RIPSA.

5) The number of each type of request in which it was determined that a risk of collateral intrusion existed.

Collateral intrusion is always considered a risk in any type of surveillance due to the nature of the task although steps are taken to ensure the level of risk is minimised. It has never been considered a risk that outweighed the necessity. The RIPSA procedure requires, amongst other things, assessment of proportionality before an authorisation is granted.

6) The number of requests for each type of surveillance that have been rejected on the grounds that necessity had not been proven.

None. This is assessed carefully prior to applying.

7) The number of requests for each type of surveillance that have been rejected on the grounds that proportionality had not been proven.

None. This is assessed carefully prior to applying.

8) A statement of the type of investigation for which each request for surveillance was made (or an indication of the evidence which was being sought by means of the surveillance). For example, "council tax benefit fraud investigation", "under-age alcohol sales investigation". If it would be easier, this information could be provided in aggregate (for example, "5 of the requests were made in support of under-age alcohol sales investigations").

Only trading standards used CHIS in the past but a decision was taken to stop using CHIS.

Typically, a CHIS could be used to buy a CD at a market where suspicious trading practices were being investigated. Fife Constabulary is responsible for under-age alcohol sales investigations and any RIPSA records for these would be held by Fife Constabulary. Most DS are now undertaken by the Housing Investigations Team; usually this means that audio equipment is installed in connection with noise complaints or anti-social behaviour (swearing/banging/fighting/vandalism)

CS Covert Surveillance

CHIS Covert Human Intelligence Surveillance

CS/CHIS Combined Covert with Human Intelligence Surveillance

DS Directed

In 2000 The CHIS was a Housing Investigation

In 2001 Both CS were Trading Standards investigations re counterfeit software/goods

In 2002 The CS+CHIS related to an offer to turn the clock back on a car.

In 2003 19 CS were Housing Investigations, 2 were Trading Standards

In 2004 All DS & CS were Housing Investigations; the rest were Trading Standards - of the 3 CHIS, one related to a clocked car the other two to counterfeit DVDs or CDs

In 2005 All were Housing Investigations

In 2006 1 DS was undertaken by Trading Standards, rest were housing investigations

In 2007 2 DS were Trading standards, rest were Housing Investigations

In 2008 All DS were Housing Investigations. (Figures completed up to date of request.)