Surveillance Flashcards
What is surveillance?
Is planned and directed activity. Either co-overt or overt for the purpose of:
- OBSERVING, and any RECORDING of that observation,
of people, vehicles, places and things. - ASCERTAINING (tracking) the location of a thing or
person or whether a thing has been interfered or
tampered with. - INTERCEPTING a private communication
S&S regulates only those surveillance activites undertaken by means of a device. It establishes clear boundaries for lawful USE of SURVEILLANCE device, what are those situations?
- Where TRESPASS is not involved
- Where TRESPASS is involved
- Where WARRANTLESS powers exist
What must you do around the risks involved with surveillance work?
Must:
- Identified
- Assessed
- Considered in the planning BEFORE surveillance is executed.
Then apply TENR
- Threat
- Exposure
- Necessity
- Response (Reduce Risk)
What is a surveillance device?
- Device that assists and enhances your normal capabilities to carry out the surveillance.
Name a surveillance device(s)?
One or more of the following:
- Visual surveillance device
- Interception device
- Tracking device
What is a VISUAL device?
a) means any
- Electronic
- Mechanical
- Electromagnetic
- Optical or Electromagnetic Optical Instrument,
- Apparatus
- Equipment
- Or other device that is used to observe or record
A PRIVATE ACTIVITY - BUT
b) does not include any spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no better than normal vision.
What are situations required under section 46 for a private activity to be observed using a surveillance device warrant?
Observations of private activity in private premises, AND any recording of that observation, by means of a visual surveillance device.
What are situations where a visual observations can be made without a SDW?
- Situations of emergency or urgency (must still be reported online) AND
- Actives that do not require a warrant
Private Lands and Goods
Explain what the Act restricts surveillance?
It restricts surveillance on private land, activity where people ought to reasonably expect are private.
Private Premises - explain it?
Means private dwelling house, a marae and other that are not within the definition of non-private premises.
Non private premises - define it?
Places or parts of places where members of public access
Private Activity - define it?
It acknolwedges the fundamental of human rights. A participant of a private acitivity ought to reasonably expect the activity is private.