Changes to the way Aberdeenshire Council uses snooping powers were made without the approval of elected members, the local authority has revealed.
Senior officers conceded the council had been guilty of a “systemic failure” in oversight and pledged to ensure there was no repeat of the “mistake”.
The Regulation of Investigatory Powers Scotland Act (Ripsa) controls the use of surveillance by public bodies – most commonly by trading standards officials tracking illegal cigarettes, or to target shops believed to be selling tobacco and alcohol to under-age youngsters.
Drivers abusing Blue Badge disabled parking permits have also been a common target in Scotland along with vandals.
Now a new report issued by the local authority concedes that the council has fallen short on procedures for implementing it.
Councillors were not consulted when changes were made in response to a critical inspection report by the Surveillance Commissioner for Scotland in 2014.
A more recent inspection also found not all of the recommended changes had been implemented.
In a report, Ritchie Johnson, director of business services, said: “The commissioner is critical in the most recent report of the failure to amend the policy at the previous inspection.
“Whilst the majority of the recommendations from the 2014 inspection were implemented and the approach altered to take them into account, importantly however the policy was not re-presented to elected members for an updated.
“This is acknowledged by officers to be a systemic failure in ensuring the inspection recommendations were fully discharged and steps are being taken to ensure that there is no repeat of this error.”
Aberdeenshire Council is an “infrequent user” of the Ripsa legislation, Mr Ritchie added.
A draft action plan to ensure the council meets the commissioner’s standards is included in the report and will be presented to councillors tomorrow
Changes to the policy include improving training for council officers who oversee the scheme, and offering a refresher course to all staff.
Mr Ritchie has recommended that members of the business services committee, chaired by council leader Jim Gifford, approve the amended Ripsa policy.
The business services committee will meet at Woodhill House to consider the amendments.
