the Home Office have stated that directed surveillance being “non-intrusive” is
not to be taken too literally.70 It is non-intrusive only to the extent that it is not “intrusive
surveillance” under section 26(3). One could certainly argue that such interpretation
precludes the legislation from being “accessible”.71 Moreover, if the Home Office accepts
that the level of surveillance beyond residential places or vehicles can be, in fact,
intrusive, there would appear no reason why its regulation should be of a lower level than
the statutory “intrusive” surveillance. On this basis, the only difference is where it occurs,
suggesting that the guiding principle behind the protections under Part II of RIPA is the
location of the surveillance rather the effect on the individual