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Article 8 of the European Convention certainly impacts in a number of ways upon the use of covert techniques but I'm not convinced it would apply here. it is also important to remember that, at the moment, it is only public authorities who fall within its coverage. I say, "at the moment" because I firmly believe that additional regulation is on the way for the private sector in this area. I can see the day coming when private investigators will need to seek an order from a court before they can conduct any 'privacy interfering' surveillance, for example. Watch this space!
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