RIPA - Surveillance by Sandy Hodges - written 23/10/2006 15:49:03


I attended a  one-day training course earlier this year and raised a question about conducting surveillance on members of staff who either claimed to be long-term sick when they were not or who exaggerated the extent of an injury. 

The classis example would be an employee who is long term sick leave with a bad back who has been seen shifting heavy furniture, running marathons etc.



















I was advised that this surveillance was not subject to RIPA but is usually undertaken under normal employment law.  However, I cannot get it clear in my mind why this is not RIPA.  Is it because the RIPA provisions do not apply i.e. not for the ‘authorised purposes’ – preventing crime, national security, collecting tax etc., or is there another reason?









 Also, if the reason is that it is not for one of the statutory purposes, is this likely to change when the Fraud Bill becomes law?  During our inspection last December, the Surveillance Commissioner indicated that this new law would greatly assist us with RIPA.






As a matter of interest, the organisation I work for only has powers under section 28(3)(b) prevention of crime etc. and section 28(3)(d) public safety.






Your advice would be greatly appreciated.






Sandy Hodges



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