GPS Trackers

One of the techniques routinely used by investigators in the 21^st century is the GPS tracker. It is used primarily to aid surveillance and to save money. Trackers were prohibitively expensive and they were big and heavy units. The prices of units have now come down to an acceptable level and a very good example of an inexpensive tracker is the Prime which currently costs under £100.

This advanced GPS Prime is currently the world’s smallest real-time tracker, and now, with enhanced signalling, it pulls up the target’s location in seconds. Designed to make GPS Tracking viewing easy, the tracking solution gives you 24/7 access to the tracker’s information, all laid out on simple, control panel. With the Prime, you’re in control of what you see, and how you see it.

The web control panel has been designed especially for ease of use and its functionality is second to none. The panel allows you to; change the frequency interval when you want to locate your Prime, set a 360 degree virtual perimeter around an area known as a Geo-fence, when your tracker breaks this barrier either entering, exiting or both it will send you an SMS to your mobile phone notifying you.

What is a GPS Tracker?

A GPS tracking unit is a device that uses the Global Positioning System to determine the precise location of a vehicle, person, or other asset to which it is attached and to record the position of the asset at regular intervals.

The recorded location data can be stored within the tracking unit, or it may be transmitted to a central location data base, or internet-connected computer, using a cellular (GPRS or SMS), radio, or satellite modem embedded in the unit. This allows the asset’s location to be displayed against a map backdrop either in real time or when analysing the track later, using GPS tracking software

Types of GPS trackers

Usually, a GPS tracker will fall into one of these three categories, though most smartphones, being GPS Phones, can work in all these modes, depending on which mobile applications are installed:

Data loggers: A GPS logger simply logs the position of the device at regular intervals in its internal memory. Modern GPS loggers have either a memory card slot, or internal flash memory and a USB port. Some act as a USB flash drive. This allows downloading of the track log data for further analyzing in a computer.

Data Pushers is the most common type of GPS tracking unit, used for asset tracking, personal tracking and Vehicle tracking system. Also known as a GPS beacon, this kind of device pushes (i.e. “sends”) the position of the device as well as other information like speed or altitude at regular intervals, to a determined server, that can store and instantly analyse the data.

Most 21st-century GPS trackers provide data “push” technology, enabling sophisticated GPS tracking in covert tracking environments

The tracking device is most often covertly deployed on the vehicle. It allows collection of data, which is relayed to the GPS tracking server, where it is available for viewing, in most cases via a website accessed over the internet, where activity can be viewed live or historically using digital maps and reports.

GPS tracking systems are often configured to transmit location and telemetry input data at a set update rate or when an event (door open/close, auxiliary equipment on/off, geofence border cross) triggers the unit to transmit data.

Data Pullers

GPS data pullers are also known as GPS transponders. Contrary to data pushers, that send the position of the devices at regular intervals, these devices are always-on and can be queried as often as required. This technology is not in widespread use, but an example of this kind of device is a computer connected to the Internet and running GPSD.

These can often be used in the case where the location of the tracker will only need to be known occasionally e.g. placed in property that may be stolen, or that does not have constant source of energy to send data on a regular basis, like freights or containers.

Data Pullers are coming into more common usage in the form of devices containing a GPS receiver and a cell phone which, when sent a special SMS message reply to the message with their location.

When are Trackers used?

Trackers are typically used when aiding surveillance or in gathering Intel on the SoE. Where the client does not have a large budget for a large team of investigators, the tracker can often be utilised as an inexpensive alternative. It allows a lone investigator to follow the SoE from a distance and to never lose the target. However as sometimes happens, the SoE can sometimes do unexpected things like not use his car and therefore the tracker becomes useless.

Using the tracker as Intel is one of the best ways to target appropriate surveillance resource. For example, if the tracker shows that the car being tracked leaves work early and arrives at a hotel every Thursday afternoon, the investigator can target the SoE on those Thursday afternoons, wait at the hotel for him to arrive and acquire the so called “money shot” with less expense and stress.

Covert Deployment and Retrieval of Trackers

It is important when considering deployment of a tracker that you do a bit of research on the vehicle on which it is to be deployed. It almost goes without saying that you need to know the full registration number of the vehicle, make, model and colour too. Armed with this knowledge, it makes sense to visit a used car showroom that has the same model car for sale. Under the pretence of looking at the car in order to purchase it, get under it and determine where the best place is to deploy the tracker. Alternatively, become a member of WAPI’s e-legal-gathering forum for PI’s. In the Vault of that forum, there is a database of cars and the best place to deploy trackers on each car.

Unlike the movies which show the fictional PI deploying trackers inside the wheel arch of the vehicle or under the body of the car. In fact the best place to deploy the tracker is inside the rear bumper of the car. The tracker is usually placed inside a pouch with a strong magnet which will adhere to any metal component of the bumper. Since most bumpers are made of plastic, the tracker will “see” the sky and will therefore have good sight of line to the satellites and GPS towers.

Should the bumpers be impossible to use then the tracker must be placed farther under the car or tied to any strut but it is important that the tracker is not visible and that it does not interfere with the functioning of the vehicle itself.

When deploying a tracker, it is a good idea to have a pound coin in your hand. Should you be compromised while under the vehicle you can easily deflect suspicion by producing the coin and saying that you had dropped it and it rolled under the car.

You must make sure that the magnets are properly put in place so that the tracker adheres to the car. Failure to do this can result in the loss of the tracker at the 1^st bump in the road.

It is also a good idea to have a very small LED torch which you can hold in your teeth while under the vehicle.

It normally takes seconds to deploy and retrieve a tracker as long as you have done your research!

Is it legal to use GPS trackers?

The short answer is YES!  The long answer is it depends on what you use it for.

It is quite clear that if you combine client instructions (written or digitally transmitted) that identify a person and a vehicle and then you deploy any type of tracker, the information gathered by the tracker becomes personal data as defined by the Data Protection Act 1998.

The document “What is personal data? – A quick reference guide” published by the ICO makes clear that data that identifies a living individual is personal data.

Can a living individual be identified from the data, or, from the data and other information in your possession, or likely to come into your possession? If yes then its personal data.

Identifiability – An individual is ‘identified’ if you have distinguished that individual from other members of a group. In most cases an individual’s name together with some other information will be sufficient to identify them. Simply because you do not know the name of an individual does not mean you cannot identify that individual. The starting point might be to look at what means are available to identify an individual and the extent to which such means are readily available to you.

NOTE: It is clear that a client’s instructions will identify the subject of enquiry.

Does the data ‘relate to’ the identifiable living individual, whether in personal or family life, business or profession?

Meaning of ‘relates to’ – Data which identifies an individual, even without a name associated with it, may be personal data where it is processed to learn or record something about that individual, or where the processing of that information has an impact upon that individual. Therefore, data may ‘relate to’ an individual in several different ways.

Is the data ‘obviously about’ a particular individual?

Data ‘obviously about’ an individual will include his medical history, criminal record, record of his work or his achievements in a sporting activity. Data that is not ‘obviously about’ a particular individual may include information about his activities. Data such as personal bank statements or itemized telephone bills will be personal data about the individual operating the account or contracting for telephone services. Where data is not ‘obviously about’ an identifiable individual it may be helpful to consider whether the data is being processed, or could easily be processed, to learn, record or decide something about an identifiable individual. Information may be personal data where the aim, or an incidental consequence, of the processing, is that you learn or record something about an identifiable individual, or the processing could have an impact on, or affect, an identifiable individual.

NOTE: Data from a Tracker would be to identify the individual or his activities. It is therefore personal data within the meaning of the DPA.

Are We Allowed To Gather Personal Data?

All private investigators or any individual who wishes to gather personal data MUST BE registered with the ICO and have a DPA number. It is a criminal offence to process data and not have a DPA number.

What Other Laws Might We Break By Tracking Cars?

Trespass: It may be a civil trespass to deploy a tracker onto a car not belonging to your client or to yourself. But in the OSC’s annual inspection, the OSC’s Chief Surveillance Commissioner Sir Christopher Rose stated “putting an arm into a wheel arch or under the frame of a vehicle is straining the concept of trespass“.

However to enter the private land of anyone in order to deploy a tracker is clearly a trespass which is a civil tort.

Harassment & Stalking: Surveillance in all of its forms can sometimes be misinterpreted by the public as stalking. There is no legal definition of ‘stalking’. Neither is there specific legislation to address this behaviour. Rather, it is a term used to describe a particular kind of harassment. Generally, it is used to describe a long-term pattern of persistent and repeated contact with, or attempts to contact, a particular victim.

Examples of the types of conduct often associated with stalking include: direct communication; physical following; indirect contact through friends, work colleagues, family or technology; or, other intrusions into the victim’s privacy. The behaviour curtails a victim’s freedom, leaving them feeling that they constantly have to be careful.

In many cases, the conduct might appear innocent (if it were to be taken in isolation), but when carried out repeatedly so as to amount to a course of conduct, it may then cause significant alarm, harassment or distress to the victim

If the subject of enquiry is aware of the tracking, then this may amount to harassment under the Prevention of Harassment Act 1997. There is a case at the Royal Courts of Justice where a private investigator is being sued under this act for the use of trackers.

Property Interference: This refers to RIPA or Regulation of Investigatory Powers Act 2000. The Home Office published a document entitled “Covert Surveillance and Property Interference, Revised Code of Practice, Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000” where it suggests in Chapter 7, page 61 that;

General basis for lawful activity

7. 1 Authorisations under section 5 of the 1994 Act or Part III of the 1997 Act should be sought wherever members of the intelligence services, the police, the services police, Serious and Organised Crime Agency (SOCA), Scottish Crime and Drug Enforcement Agency (SCDEA), HM Revenue and Customs (HMRC) or Office of Fair Trading (OFT), or persons acting on their behalf, conduct entry on, or interference with, property or with wireless telegraphy that would be otherwise unlawful.

7. 2 For the purposes of this chapter, “property interference” shall be taken to include entry on, or interference with, property or with wireless telegraphy.

Example: The use of a surveillance device for providing information about the location of a vehicle may involve some physical interference with that vehicle as well as subsequent directed surveillance activity. Such an operation could be authorised by a combined authorisation for property interference (under Part III of the 1997 Act) and, where appropriate, directed surveillance (under the 2000 Act). In this case, the necessity and proportionality of the property interference element of the authorisation would need to be considered by the appropriate authorising officer separately to the necessity and proportionality of obtaining private information by means of the directed surveillance.

This can be interpreted to mean that placing a tracker on a vehicle without the consent of the owner is illegal unless you obtain authorisation from the Surveillance Commissionaire under the RIPA 2000 laws. Since as private investigators we cannot obtain such authorisations, it is therefore illegal property interference.

Another interpretation is that it is illegal to do so IF you are acting under the instruction of a public authority and you do not obtain authorisation. The legislation makes no mention of property interference for anyone else. THEREFORE this does not apply to PIs!

The second interpretation is the valid one. We have had advice from two different lawyers on this and both are in agreement that there is no legislation in place that deals with the deployment of trackers in a criminal sense except RIPA 2000 and that RIPA 2000 ONLY applies to those agencies and persons mentioned in it.

Conclusions

It is possible that the civil offence of trespass is committed if the vehicle is on private property when the tracker is deployed.

It is also possible that if the subject of enquiry becomes aware of the tracker, this may amount to harassment under the Prevention of Harassment Act 1997 if they pursue a course of conduct

a)    Which amounts to harassment of another, and

b)    Which he knows or ought to know amounts to harassment of the other.”

In our opinion the use of GPS Trackers is not illegal and that no criminal offenses are committed in the deployment of such resources.

NOTE: If you want to know more about GPS Trackers, please get in touch via our Surveillance Services page.

Since I got this Micro-Stealth GPS Tracker I have put it through its paces, below is my full review of my
findings.

I ordered through the Virtual Spy Shop for £250, which states that all spy equipment sold is used by practising Private Investigators on actual surveillance jobs. The online ordering was easy and I paid using my PayPal account.

On despatch of the item I was given a web login URL and a WAP link. I was fascinated to watch its progress from Calais and to the beginning of the tunnel. The GPS signal was lost as it made its way through the tunnel but this was to be expected. Then it emerged in Folkestone and made it’s way across Kent stopping at a couple of royal mail parcel sorting depots one being in Canterbury and then later that evening whilst out I watched it’s progress on my mobile along the A2 and across the Dartford crossing and then make it’s way towards the midlands stopping once more in Crick and arriving in the Coventry sorting office late that night and was at my doorstep on the morning.

On receipt of the unit it came in a nicely designed packaging box that you usually see with more expensive mobile phones. Accessories included a nice little personal protective pouch, charger (European, but an adapter is available from Tesco for £2) a magnetic waterproof case for attaching to a vehicle or anywhere else metal. The unit itself is indeed very small I could probably fit it into my other tracking device 4 times without the magnetic case. It comes with two buttons one on the side being a panic button which would make it an ideal lone worker solution and one on the top being an on/off button. On receipt of the Micro-Stealth I was not too sure of the functions of these buttons and so I called the support number given and spoke at length to Jorge Salgado-Reyes who explained everything and was really enthusiastic about his products.

My first port of call was to charge up the unit so I could put it through its paces to see what sort of battery life I could expect. Charge time took around 3 hours either with the USB option or via the plug, with a glowing green light signalling a charge complete. Whilst charging you are updated with a flashing red light from inside the unit. Fully charged and left on its default setting of reporting its position every minute, I unscrewed the magnetic case and slipped it inside and re screwed the case opening. Jorge recommends that you put the top of the unit (The side with e-Loc) away from the magnetic side of the case as the antenna of the stealth is in the e-loc side. The magnetic case being made of plastic and with two round magnets is more than up to the job of holding to a metal surface in fact it took quite a bit of force to detach it once it was in place.

Now time to try it out to see how it performs. Having watched its journey from France to my door whilst no doubt buried underneath a load of parcels instils confidence in the product. Now, I wonder if it will work ok underneath a vehicle. First of all I attached it under my car; looking at the first metal under seal of my vehicle that caught my eye, I placed the tracker towards its target and Thwack! The strong magnets pulled it away from my hand and locked on to the vehicle like a Staffordshire bull terrier onto a cat! This was done very quickly, the small size being a distinct advantage no messing around looking for a wide enough magnetic surface like you get with some trackers. The days of finding an identical car to rehearse on before you go out to do the job for real are gone.

A quick drive round the block to test it and back in the house to check on how well it performed by logging onto the P.C. and looking in the various web options of Google maps, Microsoft Virtual Earth, live tracking and Mapquest showed me exactly where I had travelled, what speed I had travelled at and various other bits of information that would come in handy. One such feature being the Geo Fence which is any area on the map you can set so that if the vehicle enters this area it will inform you via text message or via email when the vehicle enters and also when it leaves that area. Over the next few days I attached it to a couple of different vehicles and it performed flawlessly. The only problem I had was when I fitted it underneath a Peugeot 206 it did not seem to like it there for some reason. Yes it tracked it and tracked it well but on all other vehicles I tried it on when the vehicle stopped moving the tracker stopped reporting as it is intended to do. But when under the 206 for some reason when stopped it kept on sending reports periodically all night and some times they would be false hits showing that the vehicle was in an adjacent street and then on the next report showing its true location and then back to the neighbouring street and so on. I have seen this before with other trackers however. But when on the move it performed flawlessly. I think a nicer feature would be for the Micro-Stealth having being inactive for a defined time, say 15 minutes that it powers itself down. Then as soon as it is on the move again with enough vibration it powers itself up again. This would in my opinion extend the battery life even further. My TrimTrac and a passive logging tracker I have worked in this way.

From the internet mapping options provided with the stealth you can change the reporting times to whatever suits your needs from 60 seconds down to real time. This is excellent; you send a signal via the internet telling the Micro-Stealth what option you require. Increasing the reporting times will however shorten the battery life and will take more credit off the SIM card as the GPRS usage increases. For the course of this review I decided to try it on three different settings to see what the differences in battery life were.
1. First of all one minute. The battery was fully charged at 2.30pm on the Thursday and the battery ran until the following Monday evening, giving up the ghost at about 10pm. That equates to approximately 103 hours. Remember that one night it was almost constantly reporting every few minutes when on the 206 and over the course of the days it covered probably 200 miles (I Have since found that there is a setting in the poll settings that will stop the sporadic reporting of positions when vehicle is stationary). I preferred to view the progress of the movements in live tracking mode and viewing in Microsoft’s birds eye view opened up a more detailed view of the current locations and when tracking it in the post I could actually see the Royal mail depots that it was sat in and the bay that the lorry was sitting in that the tracker was on.

2. Now with the stealth set to reporting at 30 sec intervals charge was complete at 4.30pm on the Tuesday afternoon and died in the early hours of Thursday morning. Setting to ten second reporting gave a very similar result lasting approx a day and a half. These tests were carried out under normal day to day driving conditions.

On Saturday afternoon the phone rings. “I think my wife is having an affair” “She drives a silver BMW, Registration number XXXX XXX”. I found the vehicle located in a busy pub car park, I drove my car across, blocking the view of the public. Out I get under the Beemer and Thwack! Tracker deployed in about 5 seconds. Worked perfectly!

Conclusion

It’s very rare when you have sat waiting in anticipation for a product to arrive that it works as good as you expect, but for me the Micro-Stealth has become one of those rare occasions.

The small size of this unit will be the attraction as it can be fitted just about anywhere under a vehicle very quickly. The drawback will be that if you needed to monitor for any length of time say a matter of weeks then due to its small size then it is going to struggle. During the course of this review I spoke to Jorge on a few occasions and he said that someone had reported to him that when set on the hourly reporting setting, a customer had achieved I think 9 days usage which is good if you only need to know roughly what a vehicle has been doing from day to day but you will miss on a hell of a lot of info in an hour.

Review written by Melvin Rattenbury of M.R Investigations

To say that cell phones have turned the concept of worldwide mobile communication into a 21st century reality is a definite understatement.

And that’s why we at Salgado Investigations use the Trim Trac Pro as it’s a professional piece of kit.

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People tend to want to jump straight into using a Private Investigator to find out if your better half is actually your worst nightmare. But sometimes that like using a hammer to crack a nut.

A better option when you are not sure if or when it’s happening is to use a GPS tracker on their car to gather intel. This will give you an indication of when its happening and once you have these patterns then you send in the PI’s to obtain those all important photos that will prove beyond any doubts that they are indeed “bumping nasties”.

Even better than using one tracker is when you use 2 trackers. This only works if you already know who the other person is. If you put a tracker on your partners car and another one on the other person’s car that you think they are having an affair with, then you can watch on the internet as the 2 trackers converge.

And so I recommend that a GPS tracker is used for a few weeks or months before hand to gather that intelligence that will enable the Investigator to intelligently target the subject and gather the footage that is required for your peace of mind.

That was the title of someone’s blog and the tracker that they recommended was the new MINI GPS Tracker but it has certain limitations. It’s essentially a data logger that is it records the location and only after you retrieve the logger do you get the information.

Well what’s wrong with that, you might ask? Nothing if that’s what you want. But is there another choice?

Wouldn’t you like “live” tracking? Wouldn’t you like the tracker to send you a text message of its location every three minutes or even every minute?

Then the tracker that the professionals use is this one

The system is capable of sending you a text or an email of its location at any interval that you want. It’s completely covert and comes equipped with a magnetic mount. You can view the location on a web based map by logging in from anywhere in the world. It has so many features that I won’t bore you with the details here but suffice to say that its the professionals choice.