Flying_Monkey
Recyclist
- Location
- Odawa
2133290 said:My understanding is that, in this country, putting a device into a person's vehicle is intrusive surveillance in the same way as if it were their house, they are both environments where a person has a reasonable expectation of a high degree of privacy. The property interference requires a Police Act authority. The resultant surveillance requires a RIPA authorisation.Putting a device externally is not considered intrusive and would only require a RIPA authority. Other countries would have different laws but within the EU it all stems from Article 8 of the European Convention on Human Rights, so should be similar. Monkey is the expert on this stuff though.
That's pretty much how I would read it. In the US, there has been a lot more back and fro in the courts about whether police use of GPS tracking constitutes an unlawful search under the 4th Amendment to the Constitution, and therefore would need a judicial warrant. The Supreme Court ruled in January that the placing of a GPS tracking device on a vehicle does need a warrant. However the Appeals Court ruled in August that they do not need a warrant to monitor a cellphone's GPS signal.