RE: Test Purchase
by Trading Standards Offcier - written 13/08/2010 13:05:42
I take your point but you need to note the definition of private information and private life in the new code as well as ECHR case law all of which suggest that it is very wide.
Private information includes information about business and professional relationships and e.g the way a person runs his shop. Also note what the OSC says in its procedures and guidance document. In short they say that a directed surveillance is required for the video recording.
Hope this helps
Trading Standards Offcier wrote (13/08/2010 12:57:03):
It is my understanding that, according to s26(2) of RIPA, and the
guidance document that directed surveillance is defined as surveillance
which is covert, but not intrusive, and undertaken:
a. for the purposes of a specific investigation or specific operation;
b. in such a manner as is likely to result in the obtaining of private
information about a person (whether or not one specifically identified
for the purposes of the investigation or operation); and
c. otherwise than by way of immediate response to events etc..
If all three of the above criteria are not met, am I right in thinking
that it would not be classed as directed surveillance?
As an example, if covert video was recorded in a shop and lasted approx
2-3 minutes, I am of the opinion that this is not "likely to result in
the obtaining of private information about a person". The video will
record a transaction. There may be a minute chance that private
information may be obtained, but it is not 'likely'. No more private
information would be obtained than any other customer in the shop. Is
information shared in a shop full of customers can it be classed as
I think that this doesn't meet (b) with reference to obtaining private
information, and RIPA authorisation would not be required.
I would appreciate your views on this issue.
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