A new report has outlined the powers Liverpool Council has to use surveillance throughout the city.
Local authorities such as Liverpool are able to exercise criminal investigation powers for various reasons, ranging from fly-tipping and planning enforcement to the sale of counterfeit goods. An annual investigatory report on surveillance action carried out last year to the city’s audit committee has outlined the measures it can use to monitor behaviour.
Under powers granted by the Regulation of Investigatory Powers Act 2000 (RIPA), Liverpool Council can undertake what it describes as “direct surveillance” for the purpose of a specific investigation or operation. The report said: “The council is not permitted to undertake intrusive surveillance, i.e. surveillance in private premises or vehicles. The viewing of CCTV footage after an incident does not constitute covert surveillance and therefore does not fall under RIPA.”
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The analysis said covert surveillance could mean the use of CCTV to monitor an individual's movement or their actions and while the camera is seen as overt, “it is the use of that camera to track that individual’s actions without that individual knowing which makes that act covert.” The report also highlighted the ways it can use human intelligence to monitor any wrongdoing around licenced locations.
It said: “The council may also use underage volunteers to purchase tobacco or alcohol whilst being filmed. While the council has historically undertaken such operations, none have been undertaken since late 2019 coinciding with the impacts of the Covid-19 pandemic.
“The council may also authorise the use of a Covert Human Intelligence Source (CHIS) to obtain information from individuals in a covert manner such as a Trading Standards officer using a pseudonym to carry out a test purchase online. It may also apply to the tasking of a member of the public to obtain private information about an individual.”
Liverpool Council has not used targeted surveillance powers since January 2020 and RIPA, introduced 23 years ago, seeks to ensure any covert activity is “necessary and proportionate. The report added: “In undertaking such activity the council are in effect suspending a person’s right to privacy. RIPA seeks to ensure both the public interest and the human rights of individuals are balanced.”
The last RIPA surveillance activity undertaken by the Council was in October 2019. No RIPA or non-RIPA surveillance activities have been undertaken since.
The document said: “The number of surveillance activities considered has reduced considerably and continues following the Covid-19 pandemic. This is consistent with practice seen across many public authorities and is due to a range of factors, including reduced resources, greater access to data-matching and the use of overt rather than covert law enforcement activity.”
The report's findings will be discussed by the city council's audit committee at 5pm at Liverpool Town Hall.
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