The Regulation of Investigatory Powers Act and social media procedure

Summary

This procedure should be read in conjunction with the Council's Regulation of Investigatory Powers Act (RIPA) Policy, as well as the statutory codes of practice issued by the Secretary of State and the Investigatory Powers Commissioner's Office (IPCO).

• the purpose of this procedure is to help officers understand when use of social media in investigative work may be acceptable and when it is not permitted without a formal authorisation under RIPA
• it applies to any investigatory work undertaken by officers
• RIPA authorisation of the use of social media provides safeguards if a claim is made under Article 8 of the European Convention on Human Rights (the right to respect for private and family life)
• for a criminal investigation, evidence obtained contrary to procedure may be inadmissible, as well leaving scope for a civil action against the Council.
• social media has become a significant part of many people's lives, with people regularly using and interacting with many different forms of social media
  • by its very nature, social media accumulates a sizable amount of information about a person's life, from daily routines to specific events
  • their accessibility on mobile devices can also mean that a person's precise location at a given time may also be recorded whenever they interact with a form of social media on their devices
• social media can therefore be a very useful tool when investigating alleged offences with a view to bringing a prosecution in the courts or taking other action - the use of information gathered from the various different forms of social media available can go some way to proving or disproving, for example, whether a statement made by a defendant, or an allegation made by a complainant, is truthful or not
• not all information published on social media is true and care must be taken as to the validity of information recorded - the information obtained must only relate to the investigation being carried out and not for a general "fishing" expedition.

Document

• The Regulation of Investigatory Powers Act and Social Media Procedure (PDF) [195KB] (opens new window)