Surveillance - Definitions Flashcards
What is a surveillance device?
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
What kind of devices are surveillance devices?
A surveillance device may be any one or more of the following kinds of devices:
A visual surveillance device
An interception device
A tracking device
What is a visual surveillance device?
visual surveillance device—
(a)
means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being 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
Define S46(c)
46 Activities for which surveillance device warrant required
(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 to obtaining a visual surveillance device warrant?
Some exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.
These are:
Situations of emergency (although use of a surveillance device in these situations must still be reported in the on-line system); and
Activities that do not require a warrant
Private land and goods
Where surveillance with a surveillance device is concerned, The SSA restricts surveillance activity in places an individual ‘ought to reasonably expect’ are private.
Those places include land(in private ownership) and any private premises on that land, and ‘goods’.
Goods generally mean chattels and include vehicles and other tangible belongings.
Surveillance is unlawful if it involves a trespass, which is unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.
Private premises
Means a private dwelling house, a marae, and any other premises that are not within the definition of non-private premises.
N-P P
Means P, or part of a P, to which MoP are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop.
Areas that would be considered as private are:
Hospitals - theatres, consulting rooms
Railway station - office area, staff meal room
Private activity
Means activity that, in the circumstances, any 1 or more of the participants in it ought to reasonably expect is observed or recorded by no one except the participants
Ought to reasonable expect is an objective test.
Where private activities occur is of key importance.
PC (a)
Means a C (whether in O or W form, or in the form of a telecommunication, or otherwise) made under 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
PC (b)
Does not include a C of that kind occurring in circumstances in which any party to the communication OR2E that the C may be I by some other person without having the express or implied consent of any party to do so
Trespass surveillance
Means surveillance that involves trespass to land or trespass to goods
Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.
Restrictions on use of VSD
Any WA to use a VSD for TS will only be authorised for obtaining EM for serious offences only.
Restrictions on use of ID
Any WA to use a ID, whether or not a TS occurs, is restricted to obtaining EM for serious offences only.
Define a serious offence?
A serious offence is an offence punishable by 7 years imprisonment or more.
Define S46(d) - Restrictions
Use of a SD that involves T2L or T2G:
Curtilage
Means land immediately surrounding a H or D, including any closely associated B and S, but excluding any associated ‘OFB’.
It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.
Define S46(e) - Curtilage limitations
Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds— (i) 3 hours in any 24-hour period; or (ii) 8 hours in total.
I
In relation to a PC, includes H, L2, R, M. A, R the communication either— (a) while it is taking place; or (b) while it is in transit
ID
ID—
(a)
means any E, M, EM, O, EO I, A, E, or OD that is used or is capable of being used to I or R a PC (including a telecommunication); but
(b)
does not include a HA or SD used to correct subnormal hearing of the user to no better than normal hearing
S46(a) - Intercpetion device
Use of an ID to I a PC:
Limitations on use of an interception device
A SDW will only be authorised for use of an ID for gathering EM for:
Offences punishable by 7 years or more imprisonment
Identified AA 83 offences
Identified PSA 13 offences
S47(b) - Voluntary oral communication
A VOC is a C between one or more persons where at least one party in the C gives their consent for the C to be recorded.
TD(a)
Means a D that may be used to help ascertain, by E or OM, either or both of the following:
(i)
the location of a thing or a person:
(ii)
whether a thing has been opened, tampered with, or in some other way dealt with; but
TD (b)
Does not include a vehicle or other means of transport, such as a boat or helicopter
S46(b) - Tracking
Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
Tracking device may be used for…
the investigation of any offence punishable by imprisonment.
Tracking device may only be used…
With the assistance of specialist squads.
