Legal advice for schools - Social Media and Surveillance

Warwickshire Legal Services has issued this important message to make schools aware of the risks associated with repeated or extensive viewing of social media accounts

With the prevalence of social media in today’s society, it is easy to take the view that if a person shares information about themselves online that there is no limit to how this can be viewed. However, regulations are in place to protect the rights of every individual to his private and family life, his home and correspondence, and limits the rights of public authorities to interfere with this (European Convention on Human Rights – Article 8).

Any surveillance seen as necessary by a school can only be carried out for the prevention or detection of serious crime, and when this is proportionate and properly authorised. The Regulation of Investigatory Powers Act 2000 (‘RIPA’) governs all state agencies, including schools and local authorities to carry out covert surveillance activities and provides for an authorisation process to enable them to conduct those activities lawfully. The use of these powers is overseen by the Investigatory Powers Commissioner and the Home Office has a Code of Practice for its use.

The Code of Practice makes clear that the use of the internet to uncover information can in some circumstances amount to surveillance. This is because there may be an expectation of privacy over information which is on the internet, particularly where information on social media websites is accessed. If the study of an individual’s online presence becomes persistent, or where material obtained from any viewing is to be extracted and recorded, this may amount to an unwarranted interference with the privacy of the individual.

Headteachers should therefore be aware that repeated or extensive viewing by staff of social media accounts, including twitter and facebook posts, without the individuals’ knowledge, may risk interfering with the privacy of those persons and constitute “surveillance”.  

It is unlikely that an authorisation under RIPA will be available for such surveillance since it will not be carried out for the purposes of a criminal investigation. Nevertheless, the County Council has a policy in place which provides that an application must be considered by the Assistant Director (Policy and Governance), the Senior Responsible Officer for RIPA, where it is proposed to carry out covert surveillance, even if this is not covered by RIPA.

The County Council’s policy and further guidance on RIPA and surveillance is available here: https://i.warwickshire.gov.uk/content/ripa-regulation-investigatory-powers-act-2000/ripa-regulation-investigatory-powers-act-2000

Or you can seek further case specific advice from the Council’s Education Solicitor Guy Darvill on:  01926 476973, guydarvill@warwickshire.gov.uk