In some circumstances, it may be necessary for Orkney Islands Council employees where evidence can't be obtained in any other way, in the course of their duties, to make use of informants and to conduct ‘undercover’ operations in a covert manner, i.e. without a person’s knowledge.
By their nature, actions of this sort may constitute an interference with that person’s right to privacy and may give rise to legal challenge as a potential breach of Article 8 of the European Convention on Human Rights and the Human Rights Act 1998, “the right to respect for private and family life”.
The Regulation of Investigatory Powers Act 2000, RIPA, and the Regulation of Investigatory Powers Scotland Act 2000, RIPSA, “the Acts” together provide, for the first time, a legal framework for use of Covert Human Intelligence Sources by public authorities and an independent inspection regime to monitor these activities.
The complete policy regarding Covert Human Intelligence Source is available as a PDF from the Related Downloads section.