Regulation of Investigatory Powers Act 2006

Philip Brennan made this Freedom of Information request to Bournemouth Borough Council

The request was successful.

From: Philip Brennan

30 January 2009

Dear Sir or Madam,

Due to the stink caused by the next borough, Poole, in using the
Regulation of Investigatory Powers Act 2006, I am writing to
request information on Bournemouth Borough Council's attitudes and
activities regarding the use of the said Act.

The Primary Legislation was written primarily for the use of the
Police and other Security Services (HM Customs, MI5, MI6, GCHQ, et
al), and Parliamentary Assurances were given that only such
Government bodies would have access to such powers as laid out
under the Regulation of Investigatory Powers Act 2006.

This, in practice, has turned out not to be the case, and that
unknown to us the powers were given across all National and Local
Government bodies.

Due to Poole Borough Council's use of such powers for investigating
minor matters like if a child really did fall into the correct
catchment area for the school they attended, powers which could
land an innocent man in prison without trial for up to five and a
half years, my concern that such powers might also be used by
Bournemouth Borough Council is very real.

Therefore, I request a full disclosure of Bournemouth Borough
Council's activities with regards to the use of the Regulation of
Investigatory Powers Act 2006, and that this disclosure to me is
also put into the Public Domain.

Yours faithfully,

Mr Philip Brennán

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Philip Brennan left an annotation (30 January 2009)

The Regulation of Investigatory Powers Act has, in its body of legislation, the power to put someone in prison without trial for up to five and a half years for simply refusing to hand over the passcodes to any computers, email accounts, website memberships, two key encryption programs, etc owned or used by the person that the request is made to.

The person in question does not even have to be a suspect in a criminal investigation - being in possession of, or even potentially being in possession of, pertinent information needed in a criminal or (in the case of councils) civil investigation can lead someone to fall under the juristriction of the said Act.

If under such a request you refuse to hand over the passcodes needed by the investigators you can be jailed without trial for five years. If you inform ANYONE why you have been arrested under this Act, another six months will be added to your sentance. This includes family members and your own solicitor.

Again, I re-iterate that you don't actually have to be a subject of a criminal investigation to fall under this part of the Act - just being a potential witness, hostile or otherwise, is enough.

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From: Viv Bateman
Bournemouth Borough Council

2 February 2009

Attachment RIPA stats information Jan 2003 Dec 2008.doc
33K Download View as HTML

Attachment EXPLANATORY NOTES ON THE HOME OFFICE COP FOR ACQUISITION OF COMMUNICATIONS DATA.doc
64K Download View as HTML

Attachment Authorising Officers RIPA November 2008 3.doc Anonymised.doc
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Attachment EXPLANATORY NOTES ON THE HOME OFFICE COPS updated May 2008.doc
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Dear Mr Brennan,

Information Request - Freedom of Information Act

Further to your request for information received on 30th January please find attached the material that you asked for. I have provided statistical information for the period 2003-2008.

The Home Office website has other useful information about RIPA, which may be of interest to you. The link to this information is: http://security.homeoffice.gov.uk/ripa/a...

I hope that this deals with your request satisfactorily.

The information supplied to you is subject to copyright protection under the Copyright, Designs and Patents Act 1988. You are free to use it (not including logos) for non-commercial purposes. You must re-use it accurately and not in a misleading context, and acknowledge us as your source. Re-use for commercial purposes may require a licence. Initial enquiries about re-using all or part of this information for commercial purposes should be directed to the Council's Corporate Information Compliance Officer who can be contacted by email at [Bournemouth Borough Council request email], or in writing to:

Bournemouth Borough Council

Legal Services

Bourne Avenue

Bournemouth

BH2 6DY

If we have identified any third party copyright material, you must ensure you have gained their permission before reproducing the information.

If you are dissatisfied with this response you can ask for a review, which will be dealt with through the Council's complaints procedure. Details of the complaints procedure can be found at http://www.bournemouth.gov.uk/Residents/....

If you are dissatisfied with the outcome of the Council's review you have the right to refer the matter to the Information Commissioner's Office. Contact details for the Information Commissioner can be found at:

www.informationcommissioner.gov.uk

Yours sincerely

Vivien Bateman
Corporate Information Compliance Officer
Law & Corporate Governance

Tel 01202 451044
[email address]

Visit our website www.bournemouth.gov.uk

Please save paper and only print off what is necessary.

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