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GPS tracking without consent

Corruptable · 2011-11-19 18:01:12

Not looking for legal advice per say, but was interested getting some opinions on this one as there is a perception among private security and investigators in the UK that once not acting for one of the bodies listed under the UK RIPA 2000 legislation, it's legal to do, The basic scernario would be the placing of an covert…

19-11-2011 6:01pm

#1

Corruptable

Registered Users, Registered Users 2 Posts: 317 ✭✭

Join Date: October 2011

Posts: 277

Not looking for legal advice per say, but was interested getting some opinions on this one as there is a perception among private security and investigators in the UK that once not acting for one of the bodies listed under the UK RIPA 2000 legislation, it's legal to do,

The basic scernario would be the placing of an covert electronic GPS device which either records for viewing after retrieval or broadcasts live location in real time of a person's vehicle, without that person's knowledge or consent by a private citizen (i.e.: a suspicious spouse, private investigator, or nosy neighbour).

It was however noted that in the UK, such action could attract civil liability under tort for trespass on land and trespass to chattels for the actual placing of the tracking device on a private vehicle without consent. However, in defence it is noted that in theory, as you can be viewed by other road users while driving to destinations, there is no interference with privacy by electronic tracking.

I understand that members of the Gardai, Army and Revenue officials can carry out such tracking without consent from a judge for up to four months, according to the ICCL document "Know Your Rights - Protect your Privacy".

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