Intrusive surveillance


Initrusive surveillance is covert surveillance carried out by an individual or a surveillance device in relation to anything taking place on residential premises or in any private vehicle. It also covers use of any device outside the premises or vehicle where it can give information of the same quality and detail as if the device were in the premises or vehicle. It does not cover location devices for vehicles (trackers).

Intrusive surveillance may be authorised only by the Home Secretary or one of a limited number of others, such as the Chief Constable of a police force. The grounds are narrower than for directed surveillance: first, it must be necessary for national security, prevention or detection of serious crime, or the economic well-being of the UK; secondly, its use must be proportionate to the end to be achieved, and the person considering authorisation must consider whether the information could reasonably be obtained using other means. All authorisations for intrusive surveillance are also subject to scrutiny by a Surveillance Commissioner, who must be notified as soon as reasonably practicable after the grant or cancellation of any authorisation. The authorisation will not take effect until the Surveillance Commissioner grants prior approval unless the case is urgent. The Surveillance Commissioner has power to quash any authorisation if the statutory requirements have not been met.

Surveillance for detecting use of televisions is not considered to be either directed or intrusive.

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