Surveillance Operations 2018 - 2020 - Find a freedom of information request

Please can you break down the below information for each of the following calendar years (1 January to 31 December): 2018; 2019; 2020.

For 2020, please can the information be broken down per month.

Can you also please provide me the information for the period between 1 January 2021 and 28 February 2021.

1. On how many occasions did your council carry out surveillance operations authorised under the Regulation of Investigatory Powers Act 2000 over the stated period(s)?

For Q1, please can you breakdown the information by stating on how many such occasions your council: acquired/disclosed communications data (such as telephone billing information, subscriber details, traffic information); directed surveillance (i.e. covert surveillance of individuals in public places); used covert human intelligence sources (such as the deployment of undercover officers). For each occasion your council has used the RIPA powers under one of these categories of surveillance, could you please specify in detail the purpose/reason of/for such operations (for example, but not limited to: detecting/preventing criminal behaviour in relation to environmental crime; Covid premises regulation breaches; consumer scams; loan sharks; taxi cab regulation; underage sales of knives, alcohol, solvents and tobacco; the employment of minors).

Can you please also tell me in days how long each of the authorised surveillance investigations/operations lasted for, as well as if on any of the occasions the criminal offences you were investigating in relation to the surveillance operation carried a maximum custodial sentence of less than six months (please state the offence- and its maximum custodial sentence).

2. How many days of surveillance in respect to the RIPA 2000 was your council granted permission to carry out over the stated period(s)?

3. What were the prosecutorial outcomes of all the operations (i.e. did they lead to a fine, arrest, warning)?

2018 – 4 CHIS, 1 Directed Surveillance, 0 subscriber checks, as follows:

• 1 Directed surveillance – Criminal investigation - Trade Mark Act 1994 offences. Authorised for 85 days from judicial approval. Resulted in criminal prosecution. Found guilty. Community punishment sentence and costs awarded.

• 1 CHIS – Criminal investigation - Trade Mark Act 1994 offences. Authorised for 91 days from judicial approval. Resulted in no further action. Test purchase could not be made as selling page became inactive.

• 2 CHIS applications – All same criminal investigation - Trade Mark Act 1994 offences. Authorised for 144 days for separate test purchases. Warrant executed, resulted in written warning.

• 1 CHIS – Criminal investigation - Trade Mark Act 1994 offences. Authorised for 31 days from judicial approval. Resulted in no further action. Test purchase could not be made as selling page became inactive.

2019 – 4 CHIS in total, as follows:

• 1 CHIS – Criminal investigation – General Product Safety Regs 2005 offences. Authorised for 36 days from judicial approval. This investigation resulted in a withdrawal notice issued to the trader (instructing them to remove unsafe goods from sale/further supply), a requirement to warn notice issued to the trader (instructing them to inform consumers of safety issues with goods already purchased) and a warning letter to the trader.

• 3 CHIS applications – All same criminal investigation - Trade Mark Act 1994 and Money Laundering offences under the Proceeds of Crime Act 2002. Authorised for 211 days each after judicial review. Investigation resulted in criminal proceeding brought. Currently going through court system, outcome awaited.

2020 – 1 CHIS in total, 5 subscriber checks, as follow:

• 1 CHIS – December – Criminal investigation - Trade Mark Act 1994 offences. Authorised for 60 days from judicial approval. Investigation on going presently.

• 2 Subscriber checks – same criminal investigation, same defendant, regarding Trade Mark Act 1994 offences. Resulted in criminal prosecution, sentenced to suspended custodial sentence, community order and costs.

• 1 Subscriber checks – Criminal investigation - Trade Mark Act 1994 and Money Laundering offences under the Proceeds of Crime Act 2002. Investigation resulted in criminal proceeding brought. Currently going through court system, outcome awaited.

• 1 subscriber check – criminal investigation – Consumer Protection from Unfair Trading Regulations 2008 and Fraud Act offences. Breach of Criminal Behaviour Order. Closed due to lack of evidence.

• 1 subscriber check – criminal investigation – Consumer Protection from Unfair Trading Regulations 2008 and Fraud Act offences. Investigation resulted in criminal proceeding brought. Currently going through court system, outcome awaited.

2021 – None in January or February

All applications met the statutory conditions applicable to Directed Surveillance authorisations that the criminal offence which is sought to be prevented or detected is punishable, whether on summary conviction or indictment, by a maximum term of at least 6 months imprisonment, or would constitute an offence under sections 146,147 or 147A of the Licensing Act 2003 or section 7 of the Children and Young Persons Act 1933.