This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
What are the rules for police using tracking devices in England and Wales? Learn when and how officers can lawfully use GPS or geolocation tracking, what authorisation and safeguards are required, new powers proposed in the Crime and Policing Bill, and how privacy rights are protected during investigations.
Modern policing increasingly uses electronic tracking technologies - from GPS‑based devices to mobile and Bluetooth location data - to support investigations, locate stolen property, monitor suspects and gather evidence. However, these capabilities intersect with fundamental legal protections on privacy, property rights and human rights. In England and Wales, police powers to use tracking devices or act on location information are governed by a combination of statute, investigatory powers legislation, human rights safeguards and emerging reforms in policing law.
This article explains the legal framework that applies when the police use tracking devices or location data, how authorisation and oversight operate, what limits and safeguards exist, and what practical steps individuals should understand when their movements or property are subject to tracking during an investigation.
What Counts as a “Tracking Device”?
A tracking device refers to an electronic or digital tool designed to monitor the location of an object or person. Common examples include:
- GPS trackers attached to vehicles or property, logging location data.
- Geolocation data from mobile phones and wearable devices.
- Location signals from apps such as Apple's “Find My” or similar services.
Where tracking involves gathering information about someone's movements without their knowledge, it may amount to surveillance under UK law and trigger specific legal controls.
The Existing Legal Framework
Regulation of Investigatory Powers Act 2000 (RIPA)
The principal statute governing covert surveillance activity - including the use of tracking tools - is the Regulation of Investigatory Powers Act 2000 (RIPA). RIPA regulates when and how public authorities such as the police can lawfully conduct covert surveillance that is likely to result in obtaining private information about a person. Under RIPA:
- Directed surveillance is covert monitoring for specific investigations.
- RIPA authorisation must generally be obtained before conducting such surveillance that intrudes on privacy.
- Tracking devices used to obtain private information (for example movements of a suspect) will often fall under this definition and require proper RIPA authority.
The Act was introduced to ensure such powers comply with the European Convention on Human Rights (especially Article 8, the right to respect for private life) and include safeguards against misuse.
Covert Surveillance and Property Interference
Official guidance on covert surveillance, including tracking devices used as evidence tools, is provided in the Covert Surveillance and Property Interference Code of Practice. This explains when authorisation is required for devices and equipment placed covertly on vehicles or property, and when property interference authorisation may also be necessary if something more intrusive than simple location monitoring is involved.
When Can Police Use Tracking Devices?
Lawful Investigatory Activity
Police officers may use tracking in support of an investigation only when legally authorised. In practice this means:
- Directed surveillance authorisation under RIPA: If the use of a tracking device (or location data) is likely to result in obtaining private information about a person, it typically counts as covert surveillance. Directed surveillance authorisation must be granted before it is carried out.
- Property interference authorisation: If placing a device involves interfering with private property (for example drilling into a vehicle), further legal approvals may be needed beyond simple directed surveillance authorisation.
In contrast, tracking that does not intrude on private information - such as obvious overt safety tracking on police vehicles or equipment used by the police themselves - may not require RIPA authorisation.
Practical Examples
- Tracking a suspect's movements covertly using a GPS device attached to their vehicle during a serious crime investigation is likely to require RIPA authorisation.
- Using geolocation signals voluntarily provided by a victim (for example through a “find my phone” app) to inform police where stolen property is located may influence police action but does not itself authorise police to intercept or install trackers without proper legal power. However, it may justify police deciding to apply for search powers.
New Police Powers: Crime and Policing Bill 2025
Recent law‑making has begun to reshape how police can act on electronic location data identifying where stolen property may be. The Crime and Policing Bill 2025 (as introduced) proposes to allow police officers to enter and search premises where a tracked item believed to be stolen has been located, without first obtaining a court warrant, in circumstances where obtaining one is not practicable. This represents a significant shift from existing powers under the Police and Criminal Evidence Act 1984 and the Theft Act 1968, which generally require warrants for entry. Authorisation for such warrantless entry is proposed to be given by a senior officer (inspector or above) and used to recover evidence or stolen goods.
These changes are driven by concern that delays in obtaining warrants can lead to stolen goods being moved or tampered with before police can act. Opponents have raised privacy concerns, noting the importance of warrant safeguards for individual rights.
Safeguards on Police Use of Tracking
Human Rights and Proportionality
Even when authorised, tracking must be necessary and proportionate to the investigation objective. This reflects legal obligations under the Human Rights Act 1998, which incorporates the European Convention on Human Rights into domestic law, ensuring that any interference with privacy is justified in a democratic society. Police powers are always subject to potential challenge if used unlawfully or disproportionately.
Oversight and Accountability
Authorisations under RIPA and related provisions are subject to oversight by independent bodies such as the Investigatory Powers Commissioner's Office (IPCO) and may be reviewed by courts or the Investigatory Powers Tribunal if individuals believe their rights have been breached.
Property and Privacy Considerations
Installing tracking mechanisms on private property (e.g. a vehicle parked on a driveway) can raise trespass issues and data protection concerns. In practice, police will seek the necessary legal authority before placing devices to avoid civil rights infringement or exclusion of evidence.
Police Use of Location Data Without Device Installation
Victim‑Provided Geolocation
When a victim provides electronic location information (such as data from a mobile phone app), police may use this information to inform decisions about investigative steps, including pursuing arrest or warrant applications. Police do not gain automatic power to enter premises simply because a tracked item's location is known - they still must act within existing legal frameworks. However, as noted above, new legislation may create exceptions to this general rule.
Communications and Data Authorities
Police commonly obtain communications data and internet connection records under the Investigatory Powers Act 2016 for investigative purposes. These powers allow them to access certain metadata about devices and communications, subject to authorisation and oversight, but are distinct from tracking device installation and physical location monitoring.
Common Questions
Do Police Need a Warrant to Place a Tracking Device?
Yes - in most cases, placing a tracking device covertly on someone's vehicle or property will require lawful authorisation under RIPA before it can be done. This ensures the intrusion into privacy is justified. However, new provisions in the Crime and Policing Bill 2025 may alter how police act on location data in limited theft recovery contexts.
Can Tracking Be Used Without Owner Consent?
Police generally cannot install a tracking device without owner consent unless they have a specific legal authority that justifies the action under surveillance laws. Using technology for safety tracking on your vehicle with your own consent is separate from police‑led surveillance and is lawful with the owner's agreement.
What Happens If Tracking Is Done Unlawfully?
Unlawful deployment of tracking devices or misuse of location data can lead to evidence being excluded in criminal proceedings and may expose law enforcement to legal challenge, including claims for infringement of privacy rights under the Human Rights Act.
Final Thoughts
The rules on police use of tracking devices in England and Wales rest on a clear legal foundation that balances effective law enforcement with privacy protections. Police must comply with surveillance laws - especially the Regulation of Investigatory Powers Act 2000 - and obtain formal authorisation before deploying covert tracking in most cases. Emerging reforms, such as the Crime and Policing Bill 2025, aim to modernise powers to act on electronic geolocation information for theft recovery, but they continue to include safeguards such as senior officer authorisation. Individuals should understand that police powers are legally constrained to protect fundamental rights, and they can challenge unlawful use through independent tribunals and courts.
