Big Brother (And Sister) Are Watching You !

This is a worrying development to the ongoing situation at Hamptons, especially the role of local councillors.

While examining a whole bundle of documents we obtained under the Freedom Of Information Act (FOIA), we were alarmed to discover that a ward councillor had sent quite a sinister email to a senior council officer.

We cannot show you the email at the moment for legal reasons, but we can describe it.

In the email Councillor A names a local resident (X), complaining that X has been posting about councillors on a social media platform. It uses the term "“the latest example” which implies that this councillor has been monitoring this resident’s comments on social media.

Councillor A states that she is sending this email at the suggestion of Councillor B.

The email posts an unredacted link to a social media page, and to the resident X’s comment. The comment also contains two responses from two other residents who’s right to privacy has also been violated (Y and Z). The copy we were sent under FOIA, also contained the link in an unredacted form.

The use of social media by councils to gather “evidence” is governed by an act of Parliament called the Regulation of Investigatory Powers Act 2000 (RIPA). Council Officers require authorisation to investigate and gather evidence of any criminal offence or potential criminal offence, even on social media.

Since libel is a civil tort and having an opinion isn’t a criminal offence, it’s hard to explain the reasons for Councillor A’s actions.

Under the RIPA regulations this email would be classed as unauthorised surveillance, and in so doing, breach the residents right to privacy under Article 8 of the Human Rights Act.

Part II of RIPA is quite clear, authorisation must be sought in order to carry out directed surveillance against an individual or individuals. Whilst one-off visits, or otherwise infrequent visits spread out over time, cannot be considered “directed surveillance” for the purposes of RIPA, repeated or frequent visits may cross over into becoming “directed surveillance” requiring RIPA authorisation. Social media platforms should not be routinely monitored on a daily or weekly basis in search of updates, as this will require RIPA authorisation.

While these comments were made on a public page (classed as an open source), Councillor A has no legal right to monitor, record, document or share the comments. They certainly should not be stored on the council’s IT system, which may also be a data protection offence.

Local authorities have quite a reputation for breaking and abusing the RIPA (read more here). It’s something that many civil liberty groups are concerned about.

We are in the process of informing all the residents concerned, and will be encouraging them to make formal complaints against Councillor A and B.

how many other residents are being monitored in the same way ?

If you would like to check to see if the council is monitoring you on social media, drop us an email here, and we’ll explain how to find out.