Statistics on Cardiff Council's use of its RIPA powers
A Freedom of Information request to Cardiff Council by Richard King
The request was successful.
Richard King
15 April 2008
Dear Sir or Madam,
I would like to know the following information about the Council's
use of the powers granted to it under the Regulation of
Investigatory Powers Act (RIPA) 2000:
- The number of times that the use of {directed surveillance} has
been authorised under the RIPA by an officer of the Council.
- The number of times that the use of {covert human intelligence}
has been authorised under the RIPA by an officer of the Council.
- The total number of each type of request where the investigation
or operation was deemed likely to result in obtaining {confidential
information} (as defined in the Home Office Covert Surveillance
Code of Practice).
- The total number of each type of request in which it was
determined that a risk of {collateral intrusion} existed (as
defined by the Home Office Covert Surveillance Code of Practice).
- The total number of requests for each type of surveillance that
have been rejected by an officer of the Council.
- A statement on the type of investigation for which each request
for surveillance was made (or an indication of the criminal offence
evidence of which was being sought by means of the surveillance).
For example, "benefit fraud investigation", "immigration
investigation". If it would be less burdensome to do so, this
information could be provided in aggregate (for example, "12 of the
requests were made in support of benefit fraud investigations").
I believe this data should be cheap to obtain by virtue of the
requirement for central record-keeping in the Home Office Code of
Practice; and its disclosure is in the public interest in the light
of recent media reports of the use made of the RIPA by Poole
Borough Council.
Yours faithfully,
Richard King.
Cardiff Council
16 April 2008
ATT Richard King
Dear Mr King,
Thank you for your freedom of information request.
Your request has been forwarded to the freedom of information officer in Strategic Planning and Environment who will be dealing with your enquiry.
Yours Sincerely,
Steph John
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW
Tel: +44 (0)29 2087 2087
Do you find it difficult to remember all those monthly bills? Setting up a Direct Debit for your Council Tax couldn't be easier, for more information go to www.cardiff.gov.uk or complete and return the instruction on the back of the bill to Cardiff County Council, PO Box 9000, Cardiff, CF10 3WD
Dear Sir or Madam,
I would like to know the following information about the Council's
use of the powers granted to it under the Regulation of Investigatory
Powers Act (RIPA) 2000:
- The number of times that the use of {directed surveillance} has
been authorised under the RIPA by an officer of the Council.
- The number of times that the use of {covert human intelligence}
has been authorised under the RIPA by an officer of the Council.
- The total number of each type of request where the investigation
or operation was deemed likely to result in obtaining {confidential
information} (as defined in the Home Office Covert Surveillance Code
of Practice).
- The total number of each type of request in which it was
determined that a risk of {collateral intrusion} existed (as defined
by the Home Office Covert Surveillance Code of Practice).
- The total number of requests for each type of surveillance that
have been rejected by an officer of the Council.
- A statement on the type of investigation for which each request
for surveillance was made (or an indication of the criminal offence
evidence of which was being sought by means of the surveillance). For
example, "benefit fraud investigation", "immigration investigation".
If it would be less burdensome to do so, this information could be
provided in aggregate (for example, "12 of the requests were made in
support of benefit fraud investigations").
I believe this data should be cheap to obtain by virtue of the
requirement for central record-keeping in the Home Office Code of
Practice; and its disclosure is in the public interest in the light
of recent media reports of the use made of the RIPA by Poole Borough Council.
Yours faithfully,
Richard King.
show quoted sections
Bradshaw, Phillip
Cardiff Council
14 May 2008
Dear Mr King
I refer to your request submitted on 15th April. I regret that there has been considerable disruption to our FOI service as a result of an accident to our FOI Officer on the weekend of 19 April, as a result of which he is likely to be off work for several months.
This matter is now being attended to and you should receive the information , unless the information is exempt (or provision would exceed the costs limit) or we require additional time to consider whether disclosure is in the public interest in accordance with section 10(3) of the Act.
Cardiff Council's policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:
- recognizes the duty to inform as the essential principle underlying the legislation;
- discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request;
- ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non-profit making repayment department
We will try to supply information in electronic format by email, but if this is not possible we will let you know. If you have any special requirements e.g. language, audio, large print, etc. please let us know.
The Act defines a number of exemptions which may prevent the release of information. If any exemptions apply to your information request they will be considered prior to disclosure. If any of the exemption categories do apply an explanation for non-disclosure will be included in the Decision Notice response you will receive, included in this notice is your right to appeal against our decision.
If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will keep you informed if this issue arises.
If you have any queries or concerns regarding the FOIA please do not hesitate to contact me.
You can find out more about the Act from the Information Commissioner at:
Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL
http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [email address]
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [email address]
Phone: 029 2087 3346
[mobile number]
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
show quoted sections
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
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Richard King
14 May 2008
Dear Phillip
Thanks for your reply and the explanation of the delay in
responding to my FoI request.
This is clearly an unfortunate situation and I hope the FoI Officer
in question makes a full and speedy recovery.
You indicated that my request will now be fulfilled by someone
else. Please can you let me know when they expect to be able to
respond?
Yours sincerely
Richard King.
Richard King
13 June 2008
Dear Sir or Madam,
It has now been a month since the deadline for you to respond to my
FoI request passed. I acknowledge the difficulties resulting from
the incapacitation of your FoI officer, but note that you have not
responded to my email of 14 May asking for a new estimated response
time, and am left wondering whether this request has been
overlooked.
I would appreciate a response to indicate this is not the case, and
a commitment from yourselves as to when I can expect a reply to my
FoI request.
Yours sincerely,
Richard King.
Cardiff Council
16 June 2008
Dear Richard King,
Thank you for your communication regarding your Freedom of Information request.
This has been forwarded to our Information Management Service who are dealing with your original request.
I apologise for any inconvenience you have been caused.
If you have any further queries, please do not hesitate to contact us.
Sincerely,
Paula Franklin
Records Officer
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW
email [email address]
Do you find it difficult to remember all those monthly bills? Setting up a Direct Debit for your Council Tax couldn't be easier, for more information go to www.cardiff.gov.uk or complete and return the instruction on the back of the bill to Cardiff County Council, PO Box 9000, Cardiff, CF10 3WD
Dear Sir or Madam,
It has now been a month since the deadline for you to respond to my
FoI request passed. I acknowledge the difficulties resulting from
the incapacitation of your FoI officer, but note that you have not
responded to my email of 14 May asking for a new estimated response
time, and am left wondering whether this request has been
overlooked.
I would appreciate a response to indicate this is not the case, and
a commitment from yourselves as to when I can expect a reply to my
FoI request.
Yours sincerely,
Richard King.
show quoted sections
Bradshaw, Phillip
Cardiff Council
17 June 2008
I refer to your email of 13 June.
Your request has not been overlooked but I regret that due to ongoing staff shortages I cannot at this stage give you a firm estimate for a response.
You also have the right, under section 50 of the Freedom of Information Act to apply to the Information Commissioner for a decision whether, in any specified respect, your request for information has been dealt with in accordance with the requirements of Part I of the Act.
You can find out more about the Act from the Information Commissioner at:
Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL
http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [email address]
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [email address]
Phone: 029 2087 3346
[mobile number]
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
show quoted sections
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
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Jeffreys, Barry
Cardiff Council
20 October 2008
Your Ref:RFI 764
Dear Richard
Thank you for your request under the Freedom of Information Act 2000
about RIPA requests received on 15th April 2008
Please accept my apologies for the very late response to your request.
We have considered your request and enclose the following information:
I would like to know the following information about the Council's use
of the powers granted to it under the Regulation of Investigatory Powers
Act (RIPA) 2000:
- The number of times that the use of {directed surveillance} has been
authorised under the RIPA by an officer of the Council.
2001: 14
2002 13
2003: 16
2004: 18
2005: 12
2006: 10
2007: 9
2008: 14
- The number of times that the use of {covert human intelligence}has
been authorised under the RIPA by an officer of the Council.
One in 2005
- The total number of each type of request where the investigation or
operation was deemed likely to result in obtaining {confidential
information} (as defined in the Home Office Covert Surveillance Code of
Practice).
None
- The total number of each type of request in which it was determined
that a risk of {collateral intrusion} existed (as defined by the Home
Office Covert Surveillance Code of Practice). Every covert operation
presents a risk of collateral intrusion. In considering whether to grant
an authorisation to conduct covert surveillance, an authorising officer
will consider the risk of collateral intrusion occuring, consider how
the applicant officer intends to reduce the risk of collateral intrusion
occuring, and ensure measures are taken to avoid unnecessary intrusion
in to the lives of those not connected with an investigation.
- The total number of requests for each type of surveillance that
have been rejected by an officer of the Council.
I cannot answer this question for the period in question. I have
rejected three in 2008, two of which were subsequently revised,
resubmitted and approved. I do not have any more information on this
issue.
The number of rejections are falling following a series of training
events for officers, who are now better informed about the requirements
of RIPA.
- A statement on the type of investigation for which each request for
surveillance was made (or an indication of the criminal offence evidence
of which was being sought by means of the surveillance). For example,
"benefit fraud investigation", "immigration investigation". If it would
be less burdensome to do so, this information could beprovided in
aggregate (for example, "12 of the requests were made in support of
benefit fraud investigations").
2008 - Fourteen to date (Six illegal money lending (two in Cardiff four
outside) Two product counterfeiting, Two antisocial behaviour (at
request of residents), two unfair trading -misdescription of goods), two
financial fraud. 2007 - Nine covert surveillance operations authorised
(Two - Product counterfeiting, One antisocial behaviour,Three -
financial fraud, Three - illegal money lending One Cardiff Two outside
Cardiff 2006 - Ten covert surveillance operations authorised (four
focused on rogue traders/itinerant roofers/builders, two product
counterfeiting, two illegal street trading on Queen street, two
antisocial behaviour) 2005 - 11 Covert surveillance operations - (4 for
product counterfeiting/illegal street trading; one fly tipping; 2 for
sales of age restricted products - fireworks, alcohol, solvents and
cigarettes- One for the supply of non fire retardant furniture; One for
a rogue builder preying on vulnerable people; One for the sale of
unroadworthy cars at the roadside; One mock auction) 2004 - 10 Covert
operations - (2 -Fly tipping, 2 for Counterfeit products/unsafe
goods/street trading; 2 for Food hygiene investigations{unfit food}; 2
for sales of age restricted products - fireworks, alcohol, solvents and
cigarettes; 1 for counterfeit goods; 1 for a mock auction)
2003: 7 Covert operations - (4 for fly tipping; 2 for Food hygiene
{unfit food}, 1 for counterfeiting/illegal street trading)
We supply this information based on your original request. If this
information does not answer your enquiry or if you feel we have not
fully understood your request, please contact me to clarify your exact
requirements.
If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please do not hesitate to contact me.
Yours Sincerely
Barry Jeffreys
Information Compliance Manager
Swyddog Rheoli Gwybodaeth
Cardiff Council
Room CY5
County Hall
02920-873307
show quoted sections
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
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