Council 'Snoop' Breached RIPA and Human Rights

In this landmark case, Poole Council used covert surveillance over a three week period to establish whether a family lived at a particular address following an application to attend an over subscribed school in a particular catchment area.  The Investigatory Powers Tribunal looked at whether the correct procedures had been adopted by the local authority and whether the use of covert surveillance violated the Human Rights Act 1998.  The tribunal held that the surveillance was not necessary, not proportionate and that it breached the family's right to privacy.  A full review of the Regulation of Investigatory Powers Act 2000 by the Government is expected to promote civil liberites and restrict the application of RIPA and is due to be published in the Autumn.  This story is a reminder to all FE and HE instiutions that any covert surveillance should be authorised and only be granted in certain limited circumstances: where the predominant purpose is to prevent or detect crime and where this is necessary and proportionate.  For more information on this article, go to: http://www.bbc.co.uk/news/uk-england-dorset-10839104.

Posted on 13/08/2010