What is surveillance?

Surveillance involves monitoring, observing, listening to or recording the movements, activities or communications of a person or a group of people. This may include listening to phone calls, photographing or video recording.
 
Surveillance may also involve monitoring or recording places or things. 

Can anyone carry out surveillance?

Anyone can take a picture of you or record you on video in a public place.  However, if someone is persistently photographing or video recording you, this could be harassment. If you feel harassed in this way, you should contact the Gardaí. 

People may not photograph you in private places unless you agree or it is necessary in the public interest. See the section Media for more information. 

When can surveillance monitoring or recording be used as evidence?

The Gardaí, members of the Army and Revenue officials must get permission from a judge before carrying out surveillance if they want to use the information in court or as part of an official investigation. However, in some urgent situations, they can keep you under surveillance for 72 hours before getting permission from a judge.  

The Gardaí have a code of practice that sets out how they can use some forms of surveillance, particularly using people to spy on you (‘covert human intelligence sources’ or CHIS). 

 
Can the Gardaí intercept my post?

The Gardaí may intercept (seize) your letters and other post before you receive them if they need them to help with the investigation of a serious offence. The Minister for Justice, Equality and Law Reform must approve any interception.

Can the Gardaí or others listen to my phone calls?

The Gardaí, Army and Revenue officials can listen to your phone calls if the  Minister for Justice, Equality and Law Reform gives them permission to do so.   judge.

Can the Gardaí or others monitor my emails or internet use?

How long can they keep this information?

They can keep information about your telephones calls for two years and information about your email and internet activities for one year.

What is a tracking device?

A tracking device is an electronic device that is used to track a person or vehicle.

When can the Gardaí or others use a tracking device?

The Gardaí, Army or Revenue officials can use a tracking device to track you or your vehicle, without you knowing, for up to four months.  They do not need permission from a judge to use a tracking device. 

How can the Gardaí or others use the information they get from a tracking device or surveillance?

If they have collected the information lawfully, the Gardaí, members of the Army and Revenue officials can use the information in any relevant case against you.

What should I do if I think I am under surveillance?

You can apply to the ‘complaints referee’ who can investigate whether a lawful request was made to monitor your phone, email or internet activity.

If the referee finds that your telephone, email or internet records were accessed when they should not have been, he or she will write and tell you. The referee will also send a report to the Taoiseach. 

In some cases, the referee may award you compensation.

How do I contact the complaints referee?

If you have a complaint about suspected surveillance activities, you can contact:
Judge Carroll Moran
Complaints Referee
c/o President of the Circuit Court
Four Courts

The Gardaí, Army and Revenue officials can monitor your emails and internet use if they believe that this is required to investigate a serious offence.

They can examine the details surrounding your email and internet use such as the date and time an email was sent and the person it was sent to.