Firstly, there are two kinds of surveillance; directed surveillance and intrusive surveillance.

Directed Surveillance. (Code 1.9)
Directed surveillance is defined as: Surveillance which is covert, but not intrusive, and undertaken

1. for the purposes of a specific investigation or operation;
2. in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and
3. otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under (the Act) to be sought for carrying out of the surveillance.

In other words, if surveillance is to be carried out for a specific investigation, it will always be directed surveillance unless it is the result of a sudden incident. Even in such a case, as soon as the urgency is over, authorisation must be sought.

Only the listed authorities can carry out directed surveillance. (Code 1.10)

Intrusive Surveillance. (Code 1.11)
Intrusive surveillance is defined as; Covert surveillance that;

1. is carried out in relation to anything taking place on any residential premises or in any private vehicle; and
2. involves the presence of any individual on the premises or in the vehicle or is carried out by means of a surveillance device.

Note the difference - the investigator or his device is no longer watching or listening to another person who is in public. The investigator is now watching someone who has reason to believe that he or she is in a private place, or at least has some privacy because of his or her presence in, for example, a vehicle.

The different types of surveillance identified above have correspondingly different levels of authorisation.

By requiring that the surveillance be authorised, the Act makes the results of the surveillance usable as evidence in a court. Authorisation is required whenever the proposed surveillance would contravene an individual's rights under Article 8 of the European Convention on Human Rights (the right to privacy).

In police forces, directed surveillance is authorised by officers of the rank of superintendent. Urgent authorisation can be made at Inspector level. Intrusive surveillance is authorised at Chief Constable level, and requires the approval of The Office of the Surveillance Commissioner.

In the Armed Forces, the equivalent ranks for directed surveillance are;

As stated ante, the authorising officer has to address several areas before authorisation can be given. The areas are:

• Necessity/Justification
• Proportionality
• Collateral Intrusion

Overall, the surveillance must be justifiable - not merely done on a whim or mischievously.

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