Part II begins by drawing a somewhat ambiguous distinction between “directed” and
“intrusive” surveillance. The former is surveillance that is covert and undertaken for the
purposes of a specific investigation, is likely to result in the obtaining of private
information about a person (even though that person may not be specifically identified in
relation to the operation), and is not an immediate response to circumstances or events.
“Intrusive” surveillance is covert surveillance which is carried out by an individual on
residential premises65 or in any private vehicle or is carried out by a surveillance device in
relation to anything taking place on residential premises or in a private vehicle. In this
respect it fills the gaps left by the Police Act 1997, Part III, which covers only those
devices whose installation require a trespass to property, criminal damage or interference
with wireless telegraphy. It is unfortunate, however, that Part III has not been
consolidated into RIPA, leaving the law in an inaccessible state.66 Furthermore, section
26(5) adds that if the device is not actually present on the premises or in the vehicle, the
surveillance will not be regarded as intrusive “unless the device is such that it consistently
provides information of the same quality and detail as might be expected to be obtained
from a device actually present on the premises or in the vehicle”.67