CCTV cars - compliance with RIPA 2000?

Confirmation of Freedom Of Information Request

Thank you for your request for information.

Your request details have now been recorded and will be passed on to the
appropriate Divisional Records Officer for action.

This Freedom Of Information Request was based on the following
information:

Name: O Morris
Address: See email address
Email: [FOI #45814 email]
Telephone:
Request Details: I understand that WCC use CCTV cars for issuing of
PCNs on various
traffic matters, mainly parking and banned turns. Can you confirm
if this use falls within the definition of "enforcement" activity?

I understand that CCTV cars are regarded as a mobile part of the
overt CCTV system of static cameras. Can you confirm that the
council instructs it's operators to park in as visible a manner as
possible when operating for maximum deterrent effect?

If they do not park in as visible a manner as possible, what is the
justification for this policy?

If they park so they are hidden, this may change their status to
covert, meaning that RIPA2000 authorisation is required for the
activities carried out. As the council's own CCTV Statement of
Practice says that they are not RIPA authorised for intrusive
surveillance (ie using covert cameras), what safeguards are put in
place to ensure no contravention has occurred?

FOI Reference Number: 5816
Target Completion Date: 27/09/2010

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Dear O Morris

Thank you for your recent request to the council. You asked for
information relating to the use of CCTV cameras by the council to issue
PCNs:

. I understand that WCC use CCTV cars for issuing of PCNs on
various traffic matters, mainly parking and banned turns. Can you confirm
if this use falls within the definition of "enforcement" activity?

. I understand that CCTV cars are regarded as a mobile part of the
overt CCTV system of static cameras. Can you confirm that the council
instructs it's operators to park in as visible a manner as possible when
operating for maximum deterrent effect? If they do not park in as visible
a manner as possible, what is the justification for this policy?

. If they park so they are hidden, this may change their status to
covert, meaning that RIPA2000 authorisation is required for the activities
carried out. As the council's own CCTV Statement of Practice says that
they are not RIPA authorised for intrusive surveillance (i.e. using covert
cameras), what safeguards are put in place to ensure no contravention has
occurred?

Advice and assistance

Having reviewed your questions, these are not covered under the Freedom of
Information legislation as you are not requesting access to recorded
information likely to be held by the council. Rather, you have asked a
number of questions clarifying your understanding of the council's CCTV
operation in relation to surveillance legislation, particularly Regulation
of Investigatory Powers Act [RIPA] 2000.

Therefore, please be advised of the following:

o The Regulation of Investigatory Powers Act [RIPA] relates only to the
covert use of surveillance for the purposes of a specific operation
aimed at specific individual(s). The provisions of RIPA do not extend
to the use of overt CCTV surveillance systems, where members of the
public are aware that such systems are in operation. Such
surveillance does not require authorisation. The operation of CCTV
systems is subject to the provisions of the Data Protection Act 1998
and the City Council's CCTV Code of Practice. Similarly, the overt use
of ANPR systems to monitor traffic flow or detect motoring offences
does not require an authorisation under RIPA. For further information
on the council's use of CCTV Smart Cars, please visit our website:
o [1]http://www.westminster.gov.uk/services/t...

. CCTV operators are trained in the deployment of Smart cars for
the issuing of PCNs. As explained above, CCTV cameras (including on Smart
cars) are defined as overt surveillance and therefore does not fall within
the scope of RIPA

. Even if a CCTV camera were to fall within the scope of RIPA, the
fact that the vehicle is not seen would not make such surveillance
intrusive as defined by RIPA.

Intrusive Surveillance is defined by section 26(3) of RIPA as covert
surveillance that:

(a) is carried out in relation to anything taking place on any
residential premises or in any private vehicle; and

(b) involves the presence of an individual on the premises or in the
vehicle or is carried out by means of a surveillance device.

. Any covert directed surveillance is authorised in line with Home
Office guidelines

. Further information on RIPA, including the definitions and scope
of the Act are available from the Home Office website:
[2]http://www.homeoffice.gov.uk/counter-ter...

I hope this answers your questions. Should you require further information
on the Freedom of Information Act 2000, including guidance on how to make
a request, please visit the Information Commissioner's website:
[3]www.ico.gov.uk

Yours sincerely

Catherine Preston
Knowledge and Information Management Team
Information Services

Westminster City Council
101 Orchardson Street
London NW8 8EA
Tel: 020 7641 3921
Fax: 020 7641 2872
Email: [Westminster City Council request email]
www.westminster.gov.uk

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References

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1. http://www.westminster.gov.uk/services/t...
2. http://www.homeoffice.gov.uk/counter-ter...
3. http://www.ico.gov.uk/