Surveillance Flashcards

1
Q

What is surveillance?

A

Is planned and directed activity. Either co-overt or overt for the purpose of:

  • OBSERVING, and any RECORDING of that observation,
    of people, vehicles, places and things.
  • ASCERTAINING (tracking) the location of a thing or
    person or whether a thing has been interfered or
    tampered with.
  • INTERCEPTING a private communication
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2
Q

S&S regulates only those surveillance activites undertaken by means of a device. It establishes clear boundaries for lawful USE of SURVEILLANCE device, what are those situations?

A
  • Where TRESPASS is not involved
  • Where TRESPASS is involved
  • Where WARRANTLESS powers exist
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3
Q

What must you do around the risks involved with surveillance work?

A

Must:

  • Identified
  • Assessed
  • Considered in the planning BEFORE surveillance is executed.

Then apply TENR

  • Threat
  • Exposure
  • Necessity
  • Response (Reduce Risk)
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4
Q

What is a surveillance device?

A
  • Device that assists and enhances your normal capabilities to carry out the surveillance.
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5
Q

Name a surveillance device(s)?

A

One or more of the following:

  • Visual surveillance device
  • Interception device
  • Tracking device
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6
Q

What is a VISUAL device?

A

a) means any

  • Electronic
  • Mechanical
  • Electromagnetic
  • Optical or Electromagnetic Optical Instrument,
  • Apparatus
  • Equipment
  • Or other device that is used to observe or record

A PRIVATE ACTIVITY - BUT

b) does not include any spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no better than normal vision.

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7
Q

What are situations required under section 46 for a private activity to be observed using a surveillance device warrant?

A

Observations of private activity in private premises, AND any recording of that observation, by means of a visual surveillance device.

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8
Q

What are situations where a visual observations can be made without a SDW?

A
  • Situations of emergency or urgency (must still be reported online) AND
  • Actives that do not require a warrant
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9
Q

Private Lands and Goods

Explain what the Act restricts surveillance?

A

It restricts surveillance on private land, activity where people ought to reasonably expect are private.

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10
Q

Private Premises - explain it?

A

Means private dwelling house, a marae and other that are not within the definition of non-private premises.

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11
Q

Non private premises - define it?

A

Places or parts of places where members of public access

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12
Q

Private Activity - define it?

A

It acknolwedges the fundamental of human rights. A participant of a private acitivity ought to reasonably expect the activity is private.

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