Help us reach our campaign target: Become a member
The Bristol Cable

Bristol Council questioned over social media ‘spying’

Councillors are asking whether the “surveillance”, which they say was “covert”, needed authorisation.

Reports

Bristol City Council’s controversial contract with a firm that uses “big data software” to live-monitor social and online conversations is due to end today (September 30).

And opposition councillors are now asking whether authorisation was needed for the “surveillance” which they say was “covert” until it was revealed earlier this year. 

The council has said anyone can “review” social media posts and it is not illegal.

The authority hired social media insight and analysis company Impact Social to harvest and analyse social media chatter about itself and the city’s elected mayor in March 2018.

But the 30-month, £90,000 contract did not come to light until February this year, when it emerged the council was paying the firm to conduct “online and social media analysis” of the online accounts linked to itself and Marvin Rees.

“I’ve opened up a whole can of worms, I think.”

Green Party Councillor Stevens

Information released under Freedom of Information law showed the council had access to a live dashboard of “all social media data” relating to the council and Rees and was receiving monthly reports about “what people in the city are thinking and feeling”. 

One example included a pie chart showing the Twitter handles of individuals, such as Liberal Democrat councillor Tim Kent, who had mentioned “Marvin Rees”, “mayor of bristol”, @MarvinJRees, @BrisMayorOffice or “Bristol Council” in their tweets.

At the time, the council said it was a cost-effective way of “listening” to the public and that it had considered the requirements of General Data Protection Regulation (GDPR).

But some members of the public expressed concerns the surveillance breached their privacy, and opposition councillors accused the council of wasting taxpayers’ money on “social media spying”.

Now Green councillor Clive Stevens has sought answers about whether the council needed – and gained – authorisation for the surveillance.

Get our latest stories & essential Bristol news
sent to your inbox every Saturday morning

Cllr Stevens asked his question at a committee meeting on Monday (September 28) where the local authority’s use of covert surveillance powers was discussed.

Under the Regulation of Investigatory Powers Act (RIPA) 2000, the council can use various means of covert surveillance to prevent or detect crime, but it needs the prior approval of a designated authorising officer and the Magistrates’ Court.

But, according to the council’s RIPA policy, it may sometimes be “necessary, and proportionate” to carry out covert surveillance for activities other than serious crime.

In these “non-RIPA” instances, staff must get the approval of an authorising officer but not the court. 

Sarah Sharland, the council’s RIPA monitoring officer, told the meeting that social media monitoring would amount to “covert surveillance” if was done covertly and in a “planned investigatory manner”.

Cllr Stevens asked: “So, if you had a software that was looking at social media posts over a period of time and reporting back, that would certainly be covert surveillance.”

Ms Sharland said: “If it had been done covertly and in an organised ongoing way, then yes.

“But if you can get it overtly because it’s public information, you wouldn’t need to do the covert surveillance.”

“If you can get it overtly because it’s public information, you wouldn’t need to do the covert surveillance”

Sarah Sharland, Bristol City Council RIPA Monitoring Officer

Her answer prompted Cllr Stevens to say: “I’ve opened up a whole can of worms, I think.”

He went on to ask Tim O’Gara, the senior officer responsible for RIPA, whether the social media surveillance conducted by Social Impact on behalf of the council would have required a non-RIPA authorisation.

Cllr Stevens said: “I think it [the surveillance] is now public knowledge and consequently it’s overt, but there was a time when it was covert, and, if they followed procedures properly, my question is, should they have done a non-RIPA form?”

O’Gara said he was “not familiar with the scenario” and suggested the matter would be best addressed outside the meeting.

Asked about the need for non-RIPA authorisation after the meeting, a council spokesperson said: “As the legal representative in the meeting stated, the review of social media posted in the public domain is public information and therefore any person or organisation that reviews publicly made social media posts are in no way contravening any law.”

The council did not confirm whether the current contract with Impact Social would expire today and whether it was planning to renew it.

Comments

Report a comment. Comments are moderated according to our Comment Policy.

Post a comment

Mark if this comment is from the author of the article

By posting a comment you agree to our Comment Policy.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related content

Analysis: It’s time for politicians to come together on mass transit

A leaked report has concluded that underground sections are needed and achievable in Bristol’s future mass transit system. As we move to the next stage in the process, we need our politicians to work together.

Row over shopping centre demolition decision grinds on after government walks away from intervening

Council planning lawyer argues decision to refuse proposed redevelopment of Broadwalk Centre in Knowle in May did not rule out this being reversed – as happened a few weeks later.

Bristol City Council slapped with warning over poor performance on freedom of information requests

The local authority has been criticised for years over its failure to responding to FOI requests within 20-day timescales.

Trams, or an underground? As Bristol weighs its public transport options, can it learn from across the Channel?

Bristol is notorious for its congestion and poor public transport, and has been hit by a worsening bus crisis. As it looks to a new mass transit system to solve its problems, cities such as Rennes and Bordeaux can offer valuable lessons.

How local ‘health hubs’ could encourage more women to get checked for breast cancer

Bristol breast cancer rates are 16% higher than the national average, and women from deprived areas are less likely to attend appointments. We asked women about the impact better community-based services could make.

Bristol’s flood defences are being pushed to their limit. What is the city’s long-term plan, and will it be enough?

The council is searching for an extra £100 million to fund future flood defences to protect low-lying areas of the city. While residents call for greater action, the Cable looks across the North Sea to Rotterdam for inspiration.

Join our newsletter

Get the essential stories you won’t find anywhere else

Subscribe to the Cable newsletter to get our weekly round-up direct to your inbox every Saturday

Join our newsletter

Subscribe to the Cable newsletter

Get our latest stories & essential Bristol news
sent to your inbox every Saturday morning