Surveillance - Definitions Flashcards
What is a surveillance device?
a) A visual surveillance device
b) An interception device
c) A tracking device
What is a visual surveillance device?
a) electronic, mechanical, electromagnetic, optical or electo-optical instrument, apparatus, equipment or other device that is used to observe or to observe and record a private activity BUT
b) does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.
Activities for which surveillance device warrant required? What section and what does it cover?
Section 46
c) observation of private activity in private premises and any recording of that observation, by means of a visual surveillance device.
What are the exceptions for not obtaining a SW for a surveillance device?
- Situation of emergency or urgency (although use of a surveillance device in certain situations must still be reported in the online system) AND
- Activities that do not require a Warrant.
Private land and grounds - Does S/S apply?
S/S restricts surveillance activity in places individual “ought reasonably to expect’ are private.
Land includes (in private ownership) and private premises on that land and goods.
Goods includes - chattels and includes vehicles and other tangible belongings.
Is surveillance lawful if it involves Trespass?
Unlawful - which is unauthorized entry onto private land or unauthorized handling of goods UNLESS authorized by a surveillance device warrant.
EXCEPTIONS apply in situation of emergency or urgency)
What is a private premises?
- Private dwellinghouse
- A marae
- Any other premises that are not within the definition of non-private premises
What are non-private premises?
Premises or part of premises to which members of the public are frequently permitted to have access and includes any part of hospital, bus station, railway station, airport or shop.
SOME places could be seen as being private.
a) Hospitals - theaters, consulting rooms.
b) Railway station - office area, staff meal rooms.
What are private activity?
Means fundamental human rights. Reasonably expect the activity is private, if it is carried out in private premises.
‘Ought to Expect’ must be an objective test - what a person would expect.
a) sleeping in a hotel room
b) gardening in backyard
c) Trying clothes in changing room
NOTE: Private activities may occur in places that do not fit in Private Premises
What is private communication?
a) Means communication (whether in oral or written form, or in the form of telecommunication or otherwise) made under the circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; BUT
b) Does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
What does Trespass Surveillance mean?
Surveillance that involves trespass onto land or trespass to goods.
When are you trespassing?
It occurs the moment an enforcement officer steps onto private property without consent.
Restrictions on Use of Surveillance Device?
Visual surveillance device for trespass surveillance will only be authorized for obtaining evidential material for serious offences.
What is classed as a serious offence?
Offence punishable by 7 years imprisonment or more
What is curtilage?
Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated “open fields beyond.”
Boundary within which a homeowner can have a reasonable expectation of privacy and where “common daily activities” take place.
