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Big Brother's watching you: Merton council caught snooping on residents (From Your Local Guardian)
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Big Brother's watching you: Merton council caught snooping on residents
12:20pm Wednesday 29th July 2009
Anti-terror laws have been used by Merton Council to snoop on residents, for petty offences ranging from breaching smoking bans to fly-tipping, 39 times since 2006, the Wimbledon Guardian can reveal.
The revelation has sparked criticism from civil liberty groups, but the council insists the controversial use of the Regulation of Investigatory Powers Act (RIPA), dubbed the “snoopers charter”, has been sparing, and is being reviewed.
Anita Coles, policy director of human rights charity Liberty, said: “Government needs to catch on with public concern of personal privacy.
“Lax powers that give junior council bureaucrats serious snooping powers risks undermining public trust and surveillance as a vital crime fighting tool for police.”
Information released under the Freedom of Information Act, showed covert cameras were used on 26 occasions.
Only three non-elected council officers – Chris Johnson, head of audit and support, Ian Murrell, service manager, commercial and business protection and Helen Catling, transport services manager – can authorise RIPA use.
Surveillance can remain in place for up to three months at a time although local authorities are unable to use more intrusive methods included in the RIPA act, including interception of phone and email data.
When asked how much had been spent locally on covert surveillance, the council said the individual cost was not recorded.
Councillor Samantha George, deputy leader of the council, said Merton’s application of the act was being reviewed to see how elected members can be brought into the process of its use.
She said: “The use of RIPA is something Merton Council takes very seriously and, as is evident from Merton's use of the power over the past three years, is something we will only use sparingly.
“I am personally keen to make sure the council is being as transparent as possible, and so last year brought in a non-compulsory annual review of how Merton is using the act, to bring this topic into the public eye.”
Last year, the local Government Association advised councils it was inappropriate to use the powers for less serious matters after it emerged Poole District Council used covert surveillance to observe a family suspected of making a fraudulent school application place.
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Your Say YourLocal Guardian
Merton Council, Morden says...
5:30pm Tue 4 Aug 09
Firstly, RIPA is not explicitly an ‘anti-terror law’. Parliament gave permission to a range of public authorities to use covert investigatory powers under RIPA, where they need them to carry out their statutory functions. Under RIPA, local authorities are able to use a far more restricted range of investigatory techniques than intelligence and law enforcement agencies.
Secondly, I have no doubt residents will agree that fly tipping is certainly not a petty offence as it was described in the article. It is a criminal offence for which perpetrators in the Magistrates Court can be jailed, fined up to £50,000 or both. Collecting the rubbish dumped by fly tippers costs the council around £250,000 every year, money it would rather spend on other services to benefit residents.
Finally, Merton does take the use of this power very seriously and does not use it unless it is proportionate and necessary. For this very reason Merton’s use of covert surveillance over the last few years is infrequent and is under constant review, for example the council has only used these powers twice since the start of 2009. The council is very keen to keep its use of these powers transparent and in the public eye, and welcomes debate about the matter.
To find out more about misconceptions around RIPA go to
http://security.home
office.gov.uk/ripa/a
bout-ripa/RIPA-misco
nceptions/
Councillor Samantha George, Merton Council deputy leader.
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NewsHound99, Wimbledon says...
1:58pm Wed 29 Jul 09