Part 1 37 The recording of the meeting at the football stadium involves a minimal breach of privacy, given that it is a public place and the participants are expected to be aware that they may be filmed. However, in the context of the suspicion and the aim of the surveillance operation, the evaluation of the pictures taken by CCTV must be included in the surveillance order. The entry into Y’s car and the planting of recording and tracking devices is a more intrusive act, involving a serious breach of privacy. The serious matter being investigated suggests, however, that it is proportionate and could be regarded as necessary for the purposes of obtaining evidence and in order to discover the intentions of X and Y. However, given its serious nature, prior permission from a judge based on the law will be necessary. Ex-post facto permission, if the tactic was entered into spontaneously because the opportunity unexpectedly presented itself, should not be lawful. Watching X’s home after the event is another straightforward tactic, normally involving no serious breach of privacy. However, in the context of the long-term surveillance with technical means (and the photographing of the three men using a telephoto lens), the activity is a serious breach of privacy. Photographing them together in the room is additional (corroborating) evidence. The lead investigator might, however, have to justify the value of these photos, given that an association between them has already been demonstrated by their meeting together at the stadium, that the three went to X’s home, and that photographs of all three together have already been obtained. Again, these activities must be covered by prior permission. The entering of X’s home and the installation of a listening device is the most serious breach of privacy during the operation. It may well be necessary and proportionate, but is of such a nature that domestic legislation should require prior judicial authority. 1.2.2 Interception of Communications The interception of communications – telephone calls, letters or electronic messages (including emails and messages sent via social networking sites such as Facebook, Vkontakte, Odnoklassniki or Twitter), and other protected communications – is a particularly sensitive matter. It involves very substantial breaches of privacy and, thus, requires that safeguards are applied stringently.