What Is Surveillance? When Does It Become Illegal?

Surveillance is the practice of monitoring activities or gathering evidence and information without the knowledge of the subject being observed. Surveillance is commonly used in law enforcement, intelligence agencies, and security services, but can also be encountered in everyday life, such as through internet tracking practices, automobile tracking devices, and facial recognition systems.

Legal Implications of Surveillance

Under the law, the use of surveillance without the consent of the subject being monitored may be deemed illegal depending on the circumstances. For example, the Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures, which includes unauthorized surveillance practices. On a state-level or local basis, laws vary widely regarding the permissible areas of surveillance, such as public spaces, private property, and places of work.

Examples of Surveillance in Modern Society

With the proliferation of technology, surveillance has become an increasingly common practice in our everyday lives. Automobile tracking devices allow companies to monitor their vehicles’ movements and locations. Software programs such as Google Analytics allow websites to track visitors and capture various bits of data on their respective users. The use of drone technology for surveillance purposes has also become widespread, from military use to commercial businesses monitoring areas of interest.

The Limits of Surveillance

Regardless of the location or situation, the law places clear limits on the use of surveillance. Violations of privacy rights, whether through direct surveillance practices or the unlawful collection of personal information, can result in serious consequences. Companies, businesses, and private individuals must be aware of the legal protocols surrounding surveillance, such as obtaining necessary consent and notifying the subject being monitored, to avoid these potential consequences.