Regulation of Investigatory Powers Sample Clauses

Regulation of Investigatory Powers. (Scotland) Act 2000 (“RIP(S)A”) 6.4.1. The use of covert surveillance or covert human intelligence sources (CHIS) by public authorities in Scotland is strictly controlled by the provisions of RIP(S)A. The Common Services Agency is a named authority under RIP(S)A. Director of CFS and Head of Investigations may authorise directed surveillance and the use of covert human intelligence sources in respect of activities affecting NHS Scotland. (See HDL (2003) 30 Regulation of Investigatory Powers (Scotland) Act 2000), CEL 40 (2010) Regulation of Investigatory Powers (Scotland) Act 2000 and SSI 2010/350 the Regulation of Investigatory Powers (Prescription of Offices, etc. and specification of Public Authorities (Scotland) Order). 6.4.2. Pursuant to and in terms of HDL (2003) 30 all cases of potential financial crime against NHS Scotland (as listed in Appendix I – Financial Crime Offences) must be referred to CFS. Where appropriate, CFS will authorise and conduct directed surveillance and the use of CHIS on behalf of Health Boards. 6.4.3. On advice from the Surveillance Commissioner and, on the grounds of the health and safety of its employees and its duty of care for any CHIS, should CFS require to use its powers under RIP(S)A, it will not inform the relevant Health Board until after the directed surveillance. or covert human intelligence source work, has been completed. The exceptions would be where covert surveillance equipment requires to be installed or where CCTV is being utilised for the purpose of a specific investigation, in such a manner likely to result in the obtaining of private information about a person and otherwise than by way of an immediate response to events or circumstances, which would be done with the cooperation of the FLO. 6.4.4. Where Health Boards are considering the use of directed surveillance or the use of CHIS in cases which do not involve financial crime, but which fall within the remit of CFS in respect of public safety or the prevention of disorder, or for the purposes of protecting public health, then they should contact the appropriate public body as outlined in HDL (2003) 30. This will normally be the relevant Police Force. However, CFS may be able to assist the relevant Health Board in certain instances (for example where there has been a theft of property). 6.4.5. CFS has a website to assist health boards, as well as allowing referrals to be made. Health Boards should consult their Data Protection Officer to ensure that all su...
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Related to Regulation of Investigatory Powers

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