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Yes, private investigators can conduct covert surveillance, but there are laws that we have to follow when doing so. We cannot simply watch somebody wherever we want or use any method we choose to get information.
Covert surveillance is usually carried out in public places where the individual under observation cannot expect privacy. This process seeks to carry out an observation of what is going on without intruding on the individual or arousing suspicion concerning the surveillance operation.
Surveillance may entail following the individual, making observations, taking photographs, shooting videos, and recording observations.
What does covert surveillance involve?
The type of surveillance we carry out will depend on what information you seek to obtain. In some instances, the surveillance may have to be conducted for a more extended period of time, especially if the subject does not have a regular routine or we have limited information at the beginning.
You may want to know where somebody is going, who they are meeting, or what they are doing during a particular period. Private Investigators can observe the subject and document their activities as they happen. Photographs, video footage and investigation notes can all form part of the evidence, depending on what takes place.
Surveillance is not only used for relationship investigations. It can also be carried out for matters involving child custody, workplace concerns, suspected fraud, insurance issues and other situations where information needs to be established.
Spousebusters provides private investigator services in Sydney, Newcastle, Brisbane, Melbourne, Perth and many other areas across Australia.
Can a private Investigator follow someone during surveillance?
Following a person can be part of surveillance, provided that it is carried out lawfully. There are limits on what we can do, and the circumstances surrounding the surveillance are important.
For instance, to be at a public place is not the same as intruding into one’s private property. The environment within which the individual is found, what can reasonably be observed and whether there is an expectation of privacy.
The laws can also differ depending on where the investigation takes place. This is why surveillance needs to be planned with the relevant Australian Commonwealth and State laws in mind.
Are there limits to covert surveillance?
There are. Being a private investigator does not give us special permission to ignore privacy laws or carry out an investigation by any means necessary.
A private investigator cannot trespass on private property, illegally access someone’s accounts or private records, or use surveillance methods that are prohibited by law. The information may be important to the client, but that does not change the legal boundaries around how it can be obtained.
Evidence is also more useful when it has been collected properly. If information has been obtained unlawfully, it may create further problems instead of helping with the situation.
We at Spousebusters are well aware of the sensitive nature of surveillance. Our job is to gather whatever information we can in the legal framework available to us. We can discuss your specific situation with you and tell you what is likely to be feasible before you make any decisions.
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.
