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The New Zealand Bar Association and the Auckland District Law Society have written to Police Commissioner Andrew Coster, expressing their concern about police trying to assume people's online identities’
Police are trying to assume the online identities of suspects and defendants by taking over their social media and email accounts to gather information.
The police are using, titled 'Consent to Assume Online Internet Identity'.
Search and Surveillance Act 2012, s 46
Police do have some general surveillance powers that don’t require a court warrant.
They can:-
• watch and monitor you without a surveillance device so long as it doesn’t involve trespass (using a surveillance device would include things like watching you with a zoom lens, bugging your phone, or using a tracking device on your car)
• carry out visual surveillance of people and activity in public places (like streets and parks), even with a device used to improve vision, like a zoom lens
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