Councils spy ing on shop owners and dog walkers
SCOTTISH councils have used covert surveillance to spy on groups of youngsters, dog walkers and shop owners, it has emerged.
More than 3,630 days of surveillance have been authorised by officials over a three-year period – with some investigations lasting up to three months.
The Regulation of Investigatory Powers (Scotland) Act (Ripsa) was introduced in 2000 to combat serious crime and terrorism.
But it has been used along with the Regulation of Investigatory Powers Act (Ripa) by councils to crack down on dog fouling, excessive dog barking, fly-tipping and anti-social behaviour.
The legislation allows public authorities to install hidden cameras, photograph or bug someone in a public place, secretly follow suspected criminals and use undercover agents.
New documents have revealed that at least 194 surveillance operations have been approved in the last two and a half years.
With just 17 of Scotland’s 32 councils responding to a request for information, this figure is likely to be significantly higher.
Scottish Liberal Democrat justice spokesman Liam Kerr said: ‘It is over the top for local authorities to use measures primarily intended to tackle terrorism for trivial issues like dog barking.
‘Any spying on the public shouldn’t be an everyday tool but a last resort.’
Edinburgh City Council revealed that in the three years from 2013, 52 Ripsa investigations were authorised to ‘prevent or detect crime’ including dog fouling and fraudulent use of disabled parking badges.
Midlothian Council authorised 32 investigations into issues including fireworks test purchasing and noise complaints.
Aberdeen, Aberdeenshire and Fife councils have used the act to carry out 17 investigations each into issues such as vandalism, anti-social behaviour, theft and abandonment of tenancy.
Other councils that carried out investigations include East Lothian, Glasgow, Argyll and Bute, Dundee, Perth and Kinross, Dumfries and Galloway, Renfrewshire, Falkirk and North Lanarkshire.
In West Dunbartonshire, three of the four investigations carried out involved the sales of counterfeit goods on Facebook. Inverclyde council used the legislation to identify people who had thrown bricks at properties, smashed windows and slashed tyres.
Last night Scottish Conservative justice spokesman Douglas Ross said: ‘When these powers were given the sign off, the expectation was they would be used for only very serious crimes.
‘However, it seems this has mutated somewhat, and instead they are being utilised to investigate altogether more minor matters.
‘That’s not to say things like tipping and anti-social behaviour shouldn’t be investigated thoroughly, and councils should use the powers they have to investigate these offences, but it’s pretty obvious that was never the intention of this particular act.’
Yesterday local authorities claimed that covert surveillance was only used as a ‘last resort’ in a bid to tackle crime and anti-social behaviour.
An East Lothian council spokesman said: ‘We believe that any such action must be lawful, legitimate, necessary and proportionate.’
‘Should be a last resort’