ABSTRACT
Agents of the State frequently invade privacy. They may enter property, seize documents, intercept telephones and place persons under surveillance. The method of obtaining information creates an invasion of privacy; its use creates a further invasion. These actions are undertaken by the police, other law enforcement agencies and the security and intelligence services with the aim of promoting internal security or preventing and detecting crime. Such aims are clearly legitimate; the question is whether the safeguards against unreasonable or arbitrary intrusion are adequate. Under the requirements of the Human Rights Act (HRA), such safeguards should include a clear remedy for the citizen who has been the subject of unauthorised surveillance or other intrusion, and strict control over the power to effect such intrusion or issue authorisation for it. The latter safeguard is particularly crucial since the citizen may not even be aware that intrusion is taking place. This is particularly true of telephone tapping and the use of surveillance devices.
