Legality of traditional techniques, means and modern technologies of visual surveillance

A retrospective analysis of the use of visual surveillance (Chisnikov et al., 2009), analysis of the modern foreign experience of its conduct (Zhang, 2022), and reflection of its content in the methodological scientific literature give grounds to assert that in practice, such types of surveillance as moving (for objects in motion) and stationary (for immovable objects or moving objects in certain areas of the terrain) have always been distinguished and are still distinguished. It is this classification that has become the basis for identifying specific methods of covert visual surveillance and providing a legal assessment of the legality of their use (Horbachova, 2005; Pryhunov et al., 2020; Pryhunov et al., 2022). In addition, an important element for such an assessment is the use of modern technologies and technical means for surveillance.

Currently, there is an intensification of research into the tactical and technical issues of providing covert video surveillance using unmanned aerial vehicles for various purposes (Savkin & Huang 2020; Zhang, 2022; Hu et al., 2023). Researchers consider individual cars and single pedestrians as such targets (Huang et al., 2020). Of course, the results of these studies can also be used in law enforcement, in particular, to conduct covert surveillance of a person, object or place. However, their implementation in police practice also requires a preliminary determination of the conditions for ensuring the legality of the use of unmanned aerial vehicles for covert surveillance of a person.

Thus, the criteria for the admissibility (legality) of using specific traditional techniques, means, as well as modern technologies of covert, direct (physical) visual surveillance, which, among other things, can be carried out with the use of special technical means, were developed in detail. The results obtained will be useful for law enforcement and intelligence officers, as well as representatives of other professions, to ensure the legality of covert visual surveillance, and prevent unjustified restriction or violation of human rights and fundamental freedoms.

Conclusions

This study provides a legal assessment of the techniques, methods and means used during covert visual surveillance, which fully fulfilled the purpose. For the legal assessment of the legality of the use of traditional techniques and means of covert visual surveillance, its natural division into stationary and mobile surveillance is important.

Stationary surveillance is carried out at a certain place or for a person who is in such a place (or is to appear there). Its traditional methods are limited to the selection by observers of certain positions for observation - posts (randomly selected or prepared in advance; open or closed, permanent or temporary; with or without the use of disguises). The organisation of such posts and the conduct of surveillance of a particular place from them can be legitimately carried out both by entities authorised to carry out pre-trial investigation and operational search activities and by any private law entities (private detectives, investigators, lawyers' assistants, ordinary citizens). The only restriction for the latter is that they cannot take covert photos and record videos of persons who are (appear) in such a place.

The use of techniques of moving covert surveillance of a person, in particular, escort (“chain”, “double chain”, “fork”, “parallel lines”) and advance (“stage-zonal”, “leading”) will be legal only if it is carried out by an investigator or employees of operational units of law enforcement agencies based on a decision of an investigating judge. The use by these entities of the above techniques for surveillance of a moving object will be lawful if they issue a relevant resolution within the framework of an operational investigation case or criminal proceedings. If the above techniques are used by private law entities to monitor an object (car, suitcase, container), their actions are lawful (unless it is proved that the thing was monitored and the persons conducting operations with it were not identified by the observers based on their possession of such a thing).

The assessment of the legality of the use of certain technical means and means of ensuring covert visual surveillance is possible only in conjunction with the main signs of the legality of visual surveillance: conducting it by the proper entity, and availability of relevant official procedural decisions and permits.

Prospects for further scientific research are seen in the formulation of proposals for the legal regulation of the use of unmanned aerial vehicles and for solving the problems of using covert visual surveillance of a person, object, or place.

Acknowledgements

None.

Conflict of Interest

None.

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