ABSTRACT
This chapter gives an overview of the current law governing the use of electronic surveillance and data acquisition by state agencies and domestic law enforcers. The main provisions of the investigatory Powers Act, which came fully into force in February 2019, are outlined. The provisions, which relate to targeted and bulk warrants, equipment interference and the obtaining and retaining of communications data, are assessed in the context of their compatibility with the principles discussed in chapters 3 and 4. The use of targeted listening devices and video recordings is then discussed. The ability to use this surveillance in evidence in court is contrasted with the law preventing intercepted information from being adduced. This is followed by a discussion about the reluctance of courts to exclude electronically recorded evidence. Its very reliability militates against exclusion unless a clear abuse of process has taken place. The chapter closes with a mention of overt surveillance that is then discussed in chapter6.
