Item 13 Appendix 2
West Dunbartonshire Council · 22 May 2024
Back to Corporate Services Committee — 22 May 2024 and its agenda
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AssessmentNo 1006 Owner michael.mcdougall Resource Transformation Service/Establishment Regulatory First Name Surname Job title Head Officer Michael McDougall Manager of Legal Services (include job titles/organisation) Members Michael McDougall (Please note: the word 'policy' is used as shorthand for stategy policy function or financial decision) Policy Title COVERT SURVEILLANCE, COVERT HUMAN INTELLIGENCE SOURCES, AND SOCIAL MEDIA The aim, objective,purpose and intended out come of policy The Policy details the steps required to make sure that convert surveillance whether direct surveillance or use of a convert human intelligence source complies with RIP(S)A. Service/Partners/Stakeholders/service users involved in the development and/or implementation of policy. Legal Services, Environmental Health, and Trading Standards Does the proposals involve the procurement of any goods or services? Yes If yes please confirm that you have contacted our procurement services to discuss your requirements. No SCREENING You must indicate if there is any relevance to the four areas Duty to eliminate discrimination (E), advance equal opportunities (A) or foster good relations (F) Yes Relevance to Human Rights (HR) Yes Relevance to Health Impacts (H) Yes Relevance to Social Economic Impacts (SE) Yes Who will be affected by this policy? Council Officers, the public, and businesses. Who will be/has been involved in the consultation process? No consultation carried out - minor amends to existing policy. Please outline any particular need/barriers which equality groups may have in relation to this policy list evidence you are using to support this and whether there is any negative impact on particular groups. Needs Evidence Impact Age Children should be protected from being as sources or from being subject to surveillance. Children if being used in relation to a test purchase must be protected. Children being used as sources could impact negatively upon their family life. Test purchases are an important tool in combatting age restricted sales failures. Positive. The Policy sets out control measures and a framework for managing children as sources and minimising collateral intrusion. Sets out safeguards where children are Appendix 2
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used as part of test purchases. Cross Cutting Disability Social & Economic Impact Persons have a right to a family and home life. The Council should not interfere with that lightly. Article 8 of the ECHR codifies this right to home and private life. Positive. The Policy sets out a framework to make sure that convert surveillance operations complies with the law, necessary to pursue a legitimate aim, and the interference is proportionate to the legitimate aim. Sex Gender Reassign Health Convert surveillance is a key tool in monitoring business that sell age restricted products or counterfeit goods that could be harmful to health. Selling age restricted or counterfeit goods is illegal. This is one of the areas that this policy may be used in. Positive. Policy makes sure that sources or surveillance is legal and can be relied on in court. Protects health of sources by setting framework and making sure their use is lawful. Human Rights Persons have the right to a family and home life. They should not be interfered with unless it is justified. It is Article 8 that is most likely to be engaged when public authorities seek to obtain private information about a person by means of covert surveillance. Property interference activity may also engage Article 1 of the First Protocol, the right to peaceful enjoyment of possessions, which could include any property subject to interference by Article 8 of the ECHR codifies this right to home and private life. There is cross over between the area addressed by the EHRC and UNCRC Positive. The Policy sets out a framework to make sure that convert surveillance operations complies with the law, necessary to pursue a legitimate aim, and the interference is proportionate to the legitimate aim.
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public authorities. Article 6 of the ECHR, the right to a fair trial, is also relevant where a prosecution relies on evidence obtained through an convert investigation. UNCRC considerations can be made as a matter of good practice but the the UNCRC incorporation into Scottish law does not legally impact on the Covert Surveillance legislation. Protection of children should be the prime consideration. Marriage & Civil Partnership Pregnancy & Maternity Race Religion and Belief Sexual Orientation Actions Policy has a negative impact on an equality group,but is still to be implemented, please provide justification for this. Will the impact of the policy be monitored and reported on an ongoing bases? Council Officers will review on an annual basis and the Office of the Surveillance Commissioner inspects the Council on a three yearly basis. Q7 What is you recommendation for this policy? Intoduce Please provide a meaningful summary of how you have reached the recommendation EIA 1006: The Policy in relation to convert surveillance and management of convert human intelligence sources makes sure that Council Officers complies with a legal framework that makes sure that authorisations for such activities are signed off at an appropriate level with a suitable evidence base. This protects Human Rights and Equality Groups. Minor amends have been made to clarify matters within policy.