“surveillance” shall be construed in accordance with subsections (2)
to (4);
“surveillance device” means any apparatus designed or adapted for use in surveillance.
(2) Subject to subsection (3), in this Part “surveillance” includes—
(a) monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications;
(b) recording anything monitored, observed or listened to in the course of surveillance; and
(c) surveillance by or with the assistance of a surveillance device.
(3) References in this Part to surveillance do not include references
to—
(a) any conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) anyinformation which is disclosed in the presence of the source;
(b) the use of a covert human intelligence source for so obtaining or recording information; or
(c) any such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under—
(i) section 5 of the Intelligence ServicesAct 1994 (warrants for the intelligence services); or
(ii) Part III of the PoliceAct 1997 (powers of the police and of customs officers).
(4) References in this Part to surveillance include references to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system if, and only if—
(a) the communication is one sent by or intended for a person who has consented to the interception of communications sent by or to him; and
(b) there is no interception warrant authorising the interception.