Legal Definitions - surveillance

Surveillance refers to the systematic and often continuous observation of a person, group, place, or activity, typically conducted to gather information, evidence, or intelligence.

This observation can be done openly, where the subject is aware they are being watched (overt surveillance), or secretly, without the subject's knowledge (covert surveillance). It can involve various methods, from physical observation to the use of technology.

• Example 1 (Covert, Private Investigation): A private investigator is hired by a business owner who suspects an employee is stealing inventory. The investigator installs discreet cameras in the warehouse and observes the employee's movements and actions over several nights, also tracking their vehicle's movements using a GPS device attached to the company car.

  This illustrates surveillance because the investigator is systematically observing the employee (covertly) and their activities, both physically and digitally, with the specific goal of gathering evidence of theft.

• Example 2 (Overt, Public Safety): A city installs numerous high-definition security cameras throughout its downtown public square and main shopping street. Signs are posted prominently informing the public that the area is under video surveillance for safety and crime prevention.

  This is an example of overt surveillance. The city is continuously observing a public place using technology to gather information (such as potential criminal activity or public safety incidents) and evidence, and the public is made aware of this ongoing observation.

• Example 3 (Covert, Corporate Policy Enforcement): A large corporation implements a policy stating that all employee communications conducted through company-provided email and messaging platforms are subject to monitoring. The IT department regularly scans these communications for keywords related to harassment, data breaches, or other policy violations.

  This demonstrates covert digital surveillance. The company is systematically observing and analyzing employee communications (without individual employees' explicit knowledge of *when* or *what specific* communications are being reviewed) to gather evidence of policy violations or to ensure compliance with company rules.