Social media investigations – are you doing covert surveillance?
Everyone has a right to privacy. But in some cases—like investigating crime or protecting public safety—councils can legally gather information. Social media can be useful, but there are rules to follow to stay within the law.
Who This Is For
This guide is for all council staff:
- Those who regularly investigate (like Trading Standards Officers)
- Anyone who might occasionally check social media as part of their work (like social work or education staff)
Key Principles to Follow
- Be Open When You Can
- Always try to gather information openly.
- Only use covert (secret) methods if absolutely necessary—and only with permission.
- Don’t Keep Checking Without Permission
- A quick look at someone’s public social media is okay.
- But if you keep checking or start collecting evidence this becomes covert surveillance and you need authorisation.
- Use Council Accounts Only
- Never use your personal social media to contact people for work.
- Use official council accounts, and make it clear you’re a council officer—unless you have permission to stay undercover.
- Creating Fake Accounts
- Sometimes, the council may need to create a fake profile (a “false persona”) to investigate.
- These must be registered with the senior officer in charge (SRO).
- You can use these accounts to:
- Join public groups to monitor general activity (no permission needed).
- Watch or message individuals secretly (permission required).
When You MUST Get Permission
You need authorisation from a senior officer before:
- Doing repeated checks on someone’s social media
- Watching someone’s account secretly
- Messaging someone secretly
- Doing a general sweep of social media for information on a person
Authorising Officers Include:
- Environmental Health and Trading Standards Manager
- Principal Environmental Health Officers
- Depute Chief Executive (Economic Development, Planning and Infrastructure)
- Chief Executive
Other Policies to Know About
Make sure you’re also familiar with:
- Council’s covert surveillance policy
- Social media guidelines (update coming to the comms hub on Interchange soon!)
- Computer use policies
- CCTV policy
Not Sure What to Do?
If you’re unsure whether you need permission or how to proceed, speak to:
- Your manager
- Environmental Health and Trading Standards Manager
- Depute Chief Executive (Economic Development, Planning and Infrastructure) (SRO)