'Big Brother' councils in Gloucestershire use spy laws to track cheats
COUNCILS have used controversial spy laws 89 times to track benefit cheats, dodgy traders and people breaking planning laws.
New figures obtained by The Citizen show Gloucester City Council has used the Regulation of Investigatory Powers Act (RIPA) on 17 occasions, Forest of Dean District Council 15 times and Stroud District Council six times in the past five years.
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Gloucestershire County Council HQ
Gloucestershire County Council secretly filmed 21 people for trading standards investigations and authorised obtaining private telecommunications data on 19 occasions in the past three years.
The powers were described by civil liberties groups as a "snooper's charter".
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Seven uses of RIPA by the city council related to benefit fraud investigations, three were to enforce planning rules, six occasions related to enforcement of environmental legislation, and one was for an internal staff matter.
Stroud District Council used the powers four times for benefit fraud, once in a noise nuisance case and once for a waste disposal case.
All 15 uses of RIPA by Forest of Dean District Council have been for benefit fraud investigations.
Marie Rosenthal, group manager for legal and democratic services at Forest of Dean District Council said: "Whilst the powers available cover a number of potential offences, historically the council has only used it in cases of suspected benefit fraud, where the only way the council can establish whether an offence has been committed is by carrying out surveillance."
A Gloucester City Council spokesman said: "These are powers that are used very sparingly and only if they are required to help resolve potential or alleged illegal activity."
James Welch, legal director for Liberty, said: "Whether covert surveillance techniques can be justified has to be measured by the seriousness of the problem that they seek to address and the degree of intrusion of individuals' privacy that they represent."




Comments
by ShireMe
Tuesday, January 08 2013, 8:55AM
“HucklePhil,
Your argument is false. It implies that the innocent (those with nothing to hide) are never punished by the system. They are... so patently the innocent have something to fear from over-use of authority. Guess that doesnt trip so well off the keyboard when one is on the soapbox?
Of interest what about the phrase "no smoke without fire". Where do you stand on that?”
by Ysedra
Tuesday, January 08 2013, 8:05AM
“Or the judge who tried to sentence a teenager for rape instead having sex with an under-age girl? See, it doesn't even have to be a conspiracy. People can make really dumb mistakes, and they aren't always corrected so easily.”
by Ysedra
Monday, January 07 2013, 8:37PM
“Having said that, you should listen to 'Crossing Continents' on Radio 4 right now. A Japanese guy didn't want to tell police, in front of his mother, that he was out of work, so they ended up forcing a confession out of him for a crime he didn't commit, after they found out he wasn't working at the time of the crime. There are all kinds of things we hide from people, even, or especially, the ones closest to us.”
by Ysedra
Monday, January 07 2013, 3:59PM
“Huckie Phil,
I should have said 'authorities', not 'the authorities', so as not to be all-encompassing (pace 'occupied territories').
Not everyone lies, even I'm not *that* cynical. However, it's not only shadows that conceal the truth. Mud does, too, and you can be standing in the bright sunlight and still have people believing the worst of you, if cowards sling enough of it from under cover, beyond hope of challenge.”
by geraint2010
Monday, January 07 2013, 3:25PM
“I lean towards the "nothing to hide then nothing to fear" camp, although I can't help feeling that a little more attention to folk with unexplained wealth might help out the national coffers in these straightened times.
As for "Big Brother" tactics though – the council can't hold a candle to TIG Moderators!”
by Aletheia
Monday, January 07 2013, 2:24PM
“I think perhaps I ought to explain a few facts to people about Regulatory Investigative Powers Act known as R.I.P.A.
This act was brought about to standardise and enshrine procedures for conducting surveillance and the gathering of information by investigators from third parties. IT DID NOT INTRODUCE NEW POWERS but instead set some rules to control when certain investigative procedures were applied. Up until R.I.P.A, if an individual was suspected of committing a criminal offence an organisation such as the police could, for example, chose to put that individual under surveillance. There was nothing in law to dictate how serious that offence would have to be or whether that action would be necessary or proportionate. These factors do now have to be considered and a line manager has to authorise such activity for it to be legal. Not getting that authorisation does not make the action illegal but makes any evidence gained inadmissible. When this act came about it was intended to apply to very serious offences and specifically terrorism but an inadvertant side effect was that the wording made it apply to everyday offences. It was never envisaged that this was what would happen. I will give you an example. A police officer receives information that Fred Bloggs drives from home to work every morning and he knows that he is disqualified from driving. He decides that on his morning shift he will park close to Bloggs home where he can see his car in an attempt to catch him driving. Believe it or not this is technically classed as surveillance and requires authorisation from an inspector and for observation logs to be kept etc, etc! How ridiculous, the act was never intended to impinge on everyday bread and butter policing like this nor was it intended to impinge on the housing benefits officer doing his everyday work checking out whether housing benefits claims were genuine or fraudulent.
All this sort of work went on prior to R.I.P.A because that is what we pay investigators to do - investigate. It is not a snoopers charter as it's intention was not there to stop investigation rather it was put in place to make sure that evidence gained could not be rejected by the courts as a result of spurious defence efforts to muddy the waters and prevent such evidence from being admitted. By creating a proper structure of authority enshrined in an act of parliament,all the prosecutor had to show is that the act had been complied with and it would then be impossible for the evidence obtained to be excluded.
So please, stop referring to it as a snoopers charter and forget about the act. What you should be asking yourselves is should the authority involved have concerned themselves investigating this matter? No more, no less.”
by HuckiePhil
Monday, January 07 2013, 7:23AM
“Ysedra - if your statement implies that ALL authorities abuse powers, then the fault lies not with the powers available to them but with the individuals. I don't accept the assumption, though.
I CAN accept an assumption that SOME authorities abuse powers (let's not debate what %). But even then, even if they do so, I have no fear of prosecution as I am (broadly) innocent. For instance, 'they' can tap my 'phone as often as they like and all they'll discover is that my life is as incontroversial in private as it is in public.
Hence my implication - only those with something to hide in the shadows fear the torchlight!”
by Ysedra
Sunday, January 06 2013, 6:12PM
“EllJay1, I'm saying that there are two kinds of people. Those who haven't yet learned that the authorities abuse their powers, and those who have.”
by EllJay1
Sunday, January 06 2013, 4:18PM
“Ysedra - please explain in more detail. I am a little confused.”
by Ysedra
Sunday, January 06 2013, 2:58PM
“Huckie Phil,
Your statement, 'Those with nothing to hide have [n?]ever worried, minded or objected to any activity broadly described as 'Big Brother', makes the unwarranted assumption that people with nothing to hide have *not* objected to 'big Brother' style activities. You can't prove that, and it's more than likely that plenty of people could prove otherwise. Is that 'wrong' enough for you?
People who have not been prove in any way to have broken the law have plenty to fear from unwarranted assumptions, if only in terms of the personal stress that can result. You may be fortunate enough to not have had personal experience of that yet, but this doesn't mean you won't in future...”