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Many people ask how far they can go when they try to keep an eye on someone. Whether you think that your partner is cheating on you or whether you want to monitor your children’s behavior, there is always some limit set by the law, which you have to adhere to or get yourself into trouble.
Surveillance in Public Places
It is acceptable to take photographs or videos of anyone if it happens in a public place. Imagine a street, a park, or even a shopping mall where no one expects their privacy. However, there is one thing to take into account: if you constantly track this person, it may be considered stalking. And stalking is illegal in all states and territories.
When Surveillance Crosses the Line
Now we’re getting to the illegal part:
- Secretly recording private communications without permission. Each state has its own law about surveillance devices, and all of them prohibit the recording of private conversations without consent.
- GPS tracking of someone else’s car without permission.
- Hidden cameras in someone else’s home, including bedrooms and bathrooms.
- Intrusion on someone else’s property without permission; this is known as trespass.
- Accessing someone else’s mobile phone, email, or social media.
- Tapping phone lines – this falls under federal law.
What About Installing Cameras on Your Own Property?
Camera installation on your property itself is legal, but the problem arises when you spy on someone else’s premises, such as the windows of your neighbour’s house. Make sure they point to your own driveway.
The Risks of Conducting Surveillance Yourself
Consequences include heavy fines or even imprisonment. Also, you have another issue: illegally obtained evidence will be inadmissible in court. So, all your efforts were in vain. Lots of people face criminal charges for nothing more than seeking the truth.
Getting the Right Help
A licensed Surveillance Investigator is aware of the laws of every state. Their work stays within public places and is done according to the law. This means that the collected information can actually be used.
If you suspect your partner of infidelity, an Infidelity Investigator can properly collect evidence and not expose you. When it comes to family court, a Child Custody Investigator can gather information to prove the real situation at home.
But what if you are under surveillance yourself? Counter Surveillance Services can check your flat, car, and mobile phones for any spying tools.
The Bottom Line
Since the laws vary in different states, this is not legal advice. In case of any doubts, consult a solicitor or discuss your problems with licensed Private Investigators Australia prior to doing anything. It is always easier to ask permission than to explain yourself to a magistrate.
Contact Spousebusters on 1300 776 873 for a confidential conversation.
Written by Rob Jones, Senior Investigator at Spouse Busters. Rob has worked on infidelity, surveillance and locate cases across Australia, and the Spouse Busters team has been helping people find the truth since 2005. Licensed under GORA Investigations Pty Ltd, NSW Master Licence 412080174.
