Covert surveillance
Types of covert surveillance
There are two types of covert surveillance - directed surveillance and intrusive surveillance.
The police, intelligence services and other public authorities can lawfully use covert surveillance if they have an authorisation or warrant signed by an authorised official.
Material obtained through covert surveillance can be used as evidence in court.
Directed surveillance
Directed surveillance is a type of covert surveillance where police, intelligence agencies and other public authorities follow an individual in public and record their movements.
Directed surveillance can be lawfully undertaken to obtain private information about a person if public authorities reasonably suspect that a person has committed, or intends to commit, a crime.
An authorisation for directed surveillance may be granted:
- when needed for a particular case
- in the interests of national security
- to prevent and detect crime or prevent disorder
- in the interests of the economic well-being of the UK
- in the interests of public safety
- to protect public health
- to assess or collect any tax, duty, levy or other charge payable to a government department
Directed surveillance is permitted without an authorisation in circumstances where authorities need to act immediately and there isn’t time to make an application.
Intrusive surveillance
Intrusive surveillance involves the presence of an individual on private residential premises or in a private vehicle. It also includes any surveillance carried out by means of a device.
Due to its invasiveness, this type of surveillance is only used to catch offenders suspected of serious crimes. Only the most senior authorising officer in relevant public authorities can approve intrusive surveillance.
A separate authorisation from the Secretary of State is required if the police or other law enforcement agencies plan to interfere with property or with wireless telegraphy when concealing a surveillance device.
