Is it legal to follow someone in the UK?
Our clients commonly ask, Is it legal to follow someone in the UK?
The simple answer is YES, surveillance is legal in England and Wales however there are exceptions.
When a prospective client contacts Titan enquiring in regard to surveillance we will inform them of the various options.
There are generally two options available in regard to surveillance. These are electronic surveillance or physical surveillance.
Electronic surveillance is advised when a client doesn’t have any idea of what they suspect is occurring is actually happening and the subject of the investigation drives. We would advise the deployment of a GPS vehicle tracking device which we will fit to the vehicle. This allows location data of the vehicle to be gained and will highlight possible routines or movements which are not expected. This may be enough just to know the subject isn’t where they said they would be, or a client may wish to move onto physical surveillance to identify what is happening at that location. Tracking devices are rented on a seven day basis and costs £420 inclusive of VAT for the first week. Further weeks are charged at £240 inclusive of VAT. The first week is more expensive as the deployment and retrieval costs are built into the cost.
Physical surveillance requires two surveillance operatives who will covertly monitor and record the movements of an individual known as the subject. This can be done on foot, public transport or from a vehicle depending on the subject’s mode of transport. The operatives will gain video footage of the subject at pertinent times throughout the deployment to evidence their location, associations and body language.
If a subject was to enter a public area such as a hotel lobby, bar or restaurant, the operatives have the ability to take video footage covertly using covert cameras which will also gain audio to potentially capture conversations and actions. This is limited to how close the operatives are able to get to the subject and ambient noise levels though.
The legal bit then follows. When a client contacts us enquiring about the deployment of a GPS vehicle tracking device or physical surveillance and informs us of the intention and objectives, we are then required to ensure that there is a legitimate interest. Basically, is it lawful or is the intention to stalk an individual with the intention of causing harassment, alarm or distress? If this is the case, then we are potentially falling into the realms of the Protection from Harassment Act 1997.
To simplify this there are two pneumonics that we can use one or the other. The first is JAPAN and the alternative is PLAN.
JUSTIFIED PROPOTIONATE
ACCOUNTABLE LAWFUL
PROPORTIONATE ACCOUNTABLE
APPROPRIATE NECCESSARY
NECCESSARY
Is it justified? Is it accountable? Is it proportionate or is there a less intrusive method available? Is it appropriate? Is it necessary?
OR
Is it proportionate? Is it lawful? Is it accountable? Is it necessary?
If the answer is NO to any of these then we are required to go back to the drawing board and find a more appropriate or less intrusive method of completing the client’s objective legally and ethically.
There is currently NO legislation to prevent a Private Investigator from deploying a GPS vehicle tracking device or performing physical surveillance if JAPAN or PLAN are adhered to and YES is answered to each element.
Investigation agencies are then required to complete a Legitimate Interest Assessment and also a Data Protection Impact Assessment. These forms are readily available if you are a member of a recognised Institute or Association such as the IPI or ABI.
Titan’s policy in regard to handling personal information lawfully gathered of a subject in accordance with the Data Protection Act 2018 and the General Data Protection Regulation is as follows.
If a tracking device is deployed and there are no surveillance operatives covertly recording and monitoring the vehicle and its occupants, then no personal information is gathered in regard to the Data Protection Act 2018 and the General Data Protection Regulation. This is because the data from a tracking device is not evidential, it is purely for intelligence purposes. This is because without a physical surveillance, we don’t know who is driving or an occupant in the vehicle. If surveillance operatives are gaining imagery of the vehicle and its occupants then this is clearly gathering personal information which needs to be processed, retained and destroyed in line with the Data Protection Act 2018 and the General Data Protection Regulation.
Titan has nine offices from London to Manchester which gives us a National reach and will only work within the laws of England and Wales.
For further advice and information in regard to GPS vehicle tracking devices and physical surveillance then please feel free to speak to one of our professional team at one of the offices nearest to you.
London Private Investigator – Call the Titan Investigations London Office 020 39046622
Birmingham Private Investigator – Call the Titan Investigations Birmingham Office 0121 7162442
Cambridge Private Investigator – Call the Titan Investigations Cambridge Office 01223 662022
Derby Private Investigator – Call the Titan Investigations Derby (Head Office) 01332 504256
Leeds Private Investigator – Call the Titan Investigations Leeds Office 0113 4574066
Leicester Private Investigator – Call the Titan Investigations Leicester Office 0116 2436520
Nottingham Private Investigator – Call the Titan Investigations Nottingham Office 0115 9646950
Manchester Private Investigator – Call the Titan Investigations Office 0161 3023008
Sheffield Private Investigator – Call the Titan Investigations Sheffield Office 0114 3499400
Alternatively, you can contact us directly using our fully confidential contact form at enquiries@titaninvestigations.co.uk or chat directly using our Live Chat facility and one of our private investigations team will get right back to you.
