SURVEILLANCE DEVICES ACT 1998 - SECT 26
SURVEILLANCE DEVICES ACT 1998 - SECT 26
26 . Use of listening devices in the public interest
(1) A person who is a
party to a private conversation may use a listening device to record or
monitor the private conversation if a principal party to the private
conversation consents expressly or impliedly to that use and there are
reasonable grounds for believing that the use of the listening device is in
the public interest.
(2) A person who is
acting on behalf of a party to a private conversation may use a listening
device to record, monitor or listen to the private conversation if a principal
party to the private conversation consents expressly or impliedly to that use
and there are reasonable grounds for believing that the use of the listening
device is in the public interest.
(3) A person who has
under his or her care, supervision or authority a child or a protected person
who is a principal party to a private conversation may, on behalf of the child
or protected person, use a listening device to record, monitor or listen to
the private conversation if there are reasonable grounds for believing that
the use of the listening device —
(a) will
contribute towards the protection of the best interests of the child or
protected person; and
(b) is
in the public interest.
(4) In this section
—
protected person means a person who by reason of
mental impairment is unable to consent in accordance with subsection (1) or
(2) to the use of a listening device.