Intrusive Surveillance
Intrusive surveillance is covert (undercover) surveillance relating to anything taking place on residential premises or in a private vehicle. The surveillance is intrusive if it involves the presence of either an individual, or a surveillance device, on the premises or in the vehicle.
You can complain to the Tribunal if you believe one of the following organisations has carried out intrusive surveillance:
- Any UK Police Force, including PSNI and the police forces of HM Forces
- Serious Organised Crime Agency (SOCA)
- HM Revenue & Customs (HMRC)
- One of the Intelligence Services
- The Ministry of Defence Police
- British Transport Police
Intrusive surveillance by a police force, SOCA or HMRC, must be authorised by a Senior Authorising Officer from one of these bodies (or a designated deputy in urgent cases), after an application has been made to him by an officer within the organisation.
The Senior Authorising Officer must then notify a Surveillance Commissioner that he has granted an authorisation. The surveillance can not begin until it has been approved by the Commissioner.
The Intelligence Services must make their application to carry out intrusive surveillance to the Secretary of State. Authorisation may then be given in the form of a warrant.
The authorising officer, Commissioner or Secretary of State must be satisfied that such conduct is necessary on the grounds of National Security, prevention or detection of serious crime or the economic well being of the UK. They must also consider whether the information expected to be obtained is proportionate to the level of intrusion, and be sure that it could not be acquired by other means. Authorisations, approvals and warrants for intrusive surveillance may only be granted if these conditions are met.
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