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# What Surveillance Can and Can't Legally Do in the UK

By Dan Dorney, InSecret

One of the most common questions we're asked is simply: "is this even legal?" It's a fair question, and a good one to ask before you hire anyone. Here's a plain-English look at where the legal lines actually sit.

## Observing someone in public is generally lawful

If someone is out in a public place — walking down a street, sitting in a café, driving their car — there's no general legal right to privacy over being seen or photographed there. Discreet observation and recording in public spaces is the foundation of most surveillance work, and it's firmly within the law.

## Private property is a different matter

Trespassing onto someone's private property, garden, or land to observe or record them is not something we do. Surveillance is carried out from lawful vantage points, without entering private property without permission.

## Intercepting communications is not permitted

Tapping phones, hacking emails, or intercepting private messages is illegal for private investigators in the UK, full stop, regardless of what the client wants or is willing to pay for. Any investigator offering this should be treated as a serious red flag, not a selling point.

## Harassment law still applies

Surveillance has to stop well short of anything that could be considered harassment under UK law. This means investigations are carried out discreetly and professionally, without behaviour that could alarm, intimidate, or repeatedly confront the person being observed.

## Data protection law applies to what we gather

Any personal information collected during an investigation, photographs, notes, or reports, is handled in line with UK GDPR and the Data Protection Act 2018. This covers how it's stored, who can access it, and how long it's kept.

## Why this matters for you as a client

Evidence gathered unlawfully isn't just an ethical problem, it's often useless in practice. Evidence that's been obtained illegally can be inadmissible if a case ends up in front of a solicitor or a court, which defeats the purpose of commissioning the investigation in the first place. Working within the law isn't just about doing the right thing, it's what makes the evidence actually worth something.

Have a question about whether something is legally possible for your specific situation? Ask us directly, no obligation.

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