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Covert surveillance (RIPSA)
In some cases, we may need to gather information about someone without them knowing, for example to detect a crime, investigate a possible breach of the law, or look into a potential breach of a tenancy agreement. We only do this when the evidence can't be obtained any other way.
Because this kind of activity can interfere with a person's right to privacy under Article 8 of the European Convention on Human Rights, it's regulated by the Regulation of Investigatory Powers (Scotland) Act 2000, known as RIPSA. The Act sets out when covert activity can be lawfully authorised, and our policies explain how we apply it and the procedures our staff must follow.
Covert surveillance
Covert surveillance means observing a person without their knowledge. Any covert surveillance we carry out must be authorised to make sure it's lawful. Most CCTV isn't covered, because it's overt, but authorisation is needed if CCTV is used as part of a planned surveillance operation.
Related resources
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Policy on Covert Surveillance
This document contains Orkney Islands Council’s policy for using covert surveillance lawfully and responsibly. It explains when surveillance may be used, including the need for a clear legal purpose, necessity, trained staff and proportionate action that minimises intrusion into other people’s privacy. It also sets out approval arrangements, urgent authorisations, required forms, confidentiality, data handling and the keeping of central records.
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RIPSA Directed Surveillance Application Form
This document contains an Orkney Islands Council form for applying to carry out directed surveillance under the Regulation of Investigatory Powers (Scotland) Act 2000. It covers the investigation, legal grounds, necessity, proportionality, surveillance methods, privacy risks and confidential information, along with authorisation, reviews, expiry dates and urgent applications.
Please be aware that this summary has been generated using AI.
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RIPSA Directed Surveillance Review Form
This document contains a form for reviewing authorisation for directed covert surveillance under the Regulation of Investigatory Powers (Scotland) Act 2000. It records details of the public authority, operation, review dates and surveillance carried out, including information obtained, reasons for continuing, alternative methods and any effects on people not under investigation. The authorising officer records assessments of necessity, proportionality, confidential information, cancellation, retention of information and whether the surveillance should continue or stop.
Please be aware that this summary has been generated using AI.
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RIPSA Directed Surveillance Renewal Form
This document contains a form for renewing directed covert surveillance under the Regulation of Investigatory Powers (Scotland) Act 2000. It records the surveillance carried out, information gathered, reasons for continuing, proportionality, alternatives, privacy risks and confidential information. It also captures the authorising officer’s assessment and decision, review and expiry dates, information handling instructions, and reasons for any urgent authorisation.
Please be aware that this summary has been generated using AI.
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RIPSA Directed Surveillance Cancellation Request Form
This document contains a form for cancelling authorisation for directed covert surveillance under the Regulation of Investigatory Powers (Scotland) Act 2000. It records the surveillance carried out, information obtained, any impact on others, reasons for stopping, results achieved, equipment removal and information storage or disposal. It also includes details, signatures and dates for the investigation and authorising officers.
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Covert human intelligence sources
A covert human intelligence source (CHIS) is someone who provides information without the subject knowing, such as an informant or an officer working undercover. Using a CHIS must be authorised in the same way as covert surveillance.
Related resources
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Policy on Use of Covert Human Intelligence Sources
This document contains Orkney Islands Council’s policy for using covert human intelligence sources, such as informants or undercover officers. It explains when these methods may be used, including the need for a lawful purpose, proper training, necessity and proportionality, while protecting people’s privacy. It sets out the approval process, including urgent authorisations, and requirements for managing risks, keeping information confidential and storing records.
Please be aware that this summary has been generated using AI.
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Procedure for Authorisation of the Use of Covert Human Intelligence Sources
This document contains Orkney Islands Council’s procedure for using covert human intelligence sources, such as informants or undercover officers. It explains when their use is lawful and necessary, how applications are authorised, and the safeguards for privacy, vulnerable people, security and welfare. It also covers reviews, renewals, cancellation, confidential record keeping, inspections and complaints.
Please be aware that this summary has been generated using AI.
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RIPSA CHIS Application Form
This document contains a five-page application form for authorising the use or conduct of a covert human intelligence source under the Regulation of Investigatory Powers (Scotland) Act 2000. It covers the reasons for using the source, planned activities, risks to the source and others, confidential information, and required approvals. It also records the authorising officer’s decision, review dates, expiry dates and arrangements for urgent authorisations.
Please be aware that this summary has been generated using AI.
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RIPSA CHIS Review Form
This document contains a review form under the Regulation of Investigatory Powers (Scotland) Act 2000 for authorisations involving a covert human intelligence source. It records details of the operation, information gathered, reasons for continuing, risks to others, confidential information, alternative approaches and the source’s safety. An authorising officer must assess the review and decide whether the authorisation should continue, change or end, including instructions about information retention or destruction.
Please be aware that this summary has been generated using AI.
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RIPSA CHIS Renewal Form
This document contains a six-page form for renewing authorisation to use or conduct a covert human intelligence source under the Regulation of Investigatory Powers (Scotland) Act 2000. It records the investigation details, information gathered, reasons for renewal, necessity and proportionality, possible intrusion, confidential information, and the source’s safety and welfare. It also includes the authorising officer’s assessment, decision, review and expiry dates, and arrangements for urgent authorisation.
Please be aware that this summary has been generated using AI.
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RIPSA CHIS Cancellation Request Form
This document contains a form for cancelling authorisation under the Regulation of Investigatory Powers (Scotland) Act 2000. It records details of a covert human intelligence source, the surveillance carried out, information obtained, any impact on others, reasons for ending the operation, and arrangements for the source’s safety. The authorising officer must also record how equipment and information will be handled, assess compliance, and confirm the surveillance’s value and outcomes.
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Surveillance through social media
Our staff may sometimes need to carry out online surveillance using social media, either through their work identity or a covert one. Our policy sets out how this is authorised and managed, and what good practice looks like.
Related resources
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Surveillance through Social Media Policy
This document contains Orkney Islands Council’s policy for using social media in investigations. It explains when officers may view public or private accounts, use official or covert identities, and contact people online. It sets rules for protecting privacy, including children’s and other people’s rights, and says private social media accounts must not be used for directed surveillance. The policy also outlines when legal authorisation is needed, good practice, record keeping and annual review arrangements.
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How we handle information
Our data safeguards protocol sets out how we keep, review and destroy information gathered using covert powers, adding to the safeguards in the RIPSA codes of practice.
Related resources
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RIPSA Data Safeguards Compliance Protocol
This document contains Orkney Islands Council’s process for protecting information gathered through surveillance and covert human intelligence work under the Regulation of Investigatory Powers (Scotland) Act 2000 and related law (RIPSA). It covers secure handling, access controls, record-keeping, reviews, reporting data breaches and responding to requests for personal information. It also sets out how authorisations and investigation files are recorded, and requires data to be reviewed and securely deleted or destroyed within a maximum of three years.
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Inspections
Our use of these powers is regularly inspected by the Investigatory Powers Commissioner's Office.
Making a complaint
If you think we've acted improperly in using these powers, or that your human rights have been breached, you can complain to the Investigatory Powers Tribunal.