In some situations, for example, when dealing with individuals who deliberately set out to lie and deceive, surveillance can be a useful and wholly legitimate tool for obtaining evidence. Also, where evidence is obtained by lawful surveillance, the quality of it can be extremely high and can make the difference between winning a losing a case.
In legal terms, there is much confusion as to what is legal and appropriate when it comes to surveillance and what is not. The key point when considering surveillance is to hire professionals like us, who are not only competent in obtaining the necessary evidence but who know the law and are committed to abiding by it.
What is legal surveillance?
At Blackhawk, we have experienced many situations in which clients have informed us that other investigators that they have previously employed emphasise blind trust when it comes to the client, particularly regarding how the investigator will obtain evidence. They also suggest that the client should not worry about how evidence is obtained, as evidence collection will have no repercussions for them.
Anyone who tells their client not to worry about their surveillance techniques is extremely dangerous. Those who have commissioned the illegal activity are just as likely to be prosecuted as those who actually carried out hacking or surveillance. The idea of prosecution, however, may put many off considering surveillance at all, but it is essential to understand that when done right, it is an entirely legal method of obtaining information.
Consider the fact that many insurance companies obtain and use surveillance evidence against false or exaggerated claims. This reason for surveillance is common especially in personal injury cases, where a claimant who claims to be unable to work or to be suffering from an on-going disability is caught on camera carrying out a strenuous physical activity or moonlighting in undeclared employment. If done correctly, this type of surveillance is legal and can be used as evidence in court.
Is surveillance lawful?
What you should realise is that there is nothing unlawful or illegal about following a person when they are out in public, or if you are recording them in a video or photographic format when they are in a public place. It is how highly skilled and alert surveillance specialists can obtain legal and quality evidence that can subsequently be used in a court of law.
What is illegal, attracting potentially significant criminal law penalties including imprisonment, is to obtain surveillance evidence on a private individual or business by using surveillance or by intercepting devices on a subjects’ private property such as their home or car, or by hacking their phone or computer. The law on this comes from 3 main sources:
- The Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 (LBP)
- Human Rights Act
- Regulation of Investigatory Powers Act 2000 (RIPA)
It is important, then, to be aware of these laws before going ahead with any kind of surveillance. You can also seek help and advice from professional surveillance specialists such as Blackhawk Intelligence.
How can Blackhawk help?
Blackhawk is an expert in intelligence gathering. We can employ a series of investigative surveillance techniques to help us to obtain the evidence you need. Such techniques include:
With these techniques, we can support you through an investigation in a legal and constructive way.
For more information on how Blackhawk can help you with legal surveillance in order to attain sufficient evidence, call us today on 020 7788 8983.