Surveillance Vs Stalking - A 90 Second Summary!
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The fine line between surveillance, and stalking is crucially defined by legality, ethics, purpose and intent. While both involve monitoring an individual's activities, the disparities lie in the purpose, consent, and adherence to legal boundaries, of which there are very many!
I will break this down in to three simple categories. Let's start with the first one....
Surveillance:
Legitimate and legal surveillance is conducted with the purpose of gathering information for a specific need or requirement. Often conducted for the purpose of gathering crucial evidence. The need for the surveillance and an investigation must fit the following criteria....
Is it justifiable?
Is it appropriate?
Is it proportionate?
Is it accountable?
Is it necessary?
If a clients requirement does not tick all of the above, we simply can't proceed with the enquiry any further.
Stalking:
Stalking, on the other hand, involves a pattern of repeated, unwanted attention, harassment, contact, or any other behaviour intended to intimidate or in-still an element of fear into another person. It causes alarm and distress. It is illegal and can often result in substantial sentences depending on the severity.
Stalking is inherently malicious and lacks the legitimate investigative purpose found in surveillance.
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2. Consent and Legal Boundaries:
Surveillance:
Conducted within the bounds of the law, respecting an individual's right to privacy. We are bound by strict ICO and GDPR regulations throughout the UK and adhere to the RIPA Act 2000. While we are not directly governed by, or regulated by RIPA, this is the gold standard in terms of guidelines to be used by Private Investigators when carrying out covert surveillance, throughout the UK. Any professional investigation company should strictly follow all of the above.
In layman's terms, surveillance typically involves observing public activities or activities within legally permissible limits, and consent may not always be required.
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Stalking:
Involves persistent, unwanted intrusion into an individual's private life without their consent.
Stalking is illegal and a violation of privacy rights, often leading to criminal charges, as mentioned above.
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3. Documentation and Reporting:
Surveillance:
Professional surveillance involves meticulous documentation of observed activities. Often time and date stamped reports with professional video and photographic evidence are produced. Any evidence produced should always be legally binding and admissible in a court of law if needs be.
Reports generated are factual, objective, and adhere to legal and ethical standards.
Stalking:
Stalkers often do not maintain proper documentation and their actions are driven by personal motives rather than professional obligations.
Reports of stalking incidents are typically characterized by a lack of objectivity and a clear violation of personal boundaries.
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Legal Consequences:
Surveillance:
When conducted within the confines of the law, poses no threat of legal consequences for the investigator or their client. However, there are instances where a Private Investigator may have to give evidence in a court of law, to back up their evidence. This however is rare and would be done in a witness capacity.
Stalking:
Stalking is a criminal offense with severe legal repercussions, including restraining orders, fines, and imprisonment.
Private investigators engaging in stalking behaviours can face both criminal charges and damage to their professional reputation.
Conclusion:
It is imperative to draw a distinct line between surveillance, a lawful and ethical practice, and stalking, an illegal and malicious intrusion into an individual's private life. Private investigators must adhere to strict legal and ethical standards to maintain the integrity of their profession and protect the rights of those under scrutiny. While surveillance may seem intrusive at times, it is done so for a legal and legitimate purpose, often for clients who do not have the time, knowledge and expertise to do themselves.
Senior Partner at Justice Served Debt Recovery
1 年If the government had granted us the licensing as promised in 2003, there would be no need to distinguish between professional and non-professional activities, as all would be held accountable. Unfortunately, given the current state of unprofessionalism and inadequate training among security guards, licenced by the Security Industry Authority (SIA)?I am relieved that we did not fall under their jurisdiction. While investigative journalism may never require licensing due to the freedom of the press, it is ironic that they are the ones tarnishing the reputation of the private investigation industry in the United Kingdom.
Director at M.R.Investigations Ltd. Private Investigator working for private, corporate, legal clients and HR departments
1 年Good read that Dan but I can never quite believe the RIPA bit when I see this on peoples websites. Firstly why tie yourself up in red tape that you don’t need to be tied up in and secondly I bet I can find plenty of chinks in the armour of websites/PI’s claiming to adhere to this. For example there are scores of investigation agencies fitting trackers on spouses cars for weeks on end to monitor their movements. Would anyone really get RIPA authority for that? I think if PI’s stick to GDPR guidelines and adhere to DPIA’s before deploying surveillance, tracing and deploying tracking devices you won’t go far wrong. GDPR for the private sector (which you’ve covered nicely in your blog) RIPA for government bodies.
Director/Founder- SoteriaCovertSolutions. Legally compliant covert investigation consultancy and covert behaviour detection specialists.
1 年Liking it !