Being Watched: The Aftermath of Covert Policing

Covert Policing

Covert policing is a key feature of modern policing and consists of undercover operations deliberately hidden from the public, whereby surveillance is executed by anonymous state agents. This form of surveillance can take on numerous forms generally involving undercover officers or civilian informants maintaining long-term relationships with suspects but can range from sting operations to technologically based surveillance of telephone-tapping. A clarification of the difference between undercover work and covert surveillance was made with Gary Marx characterizing undercover policing as active surveillance whereas covert policing is more passive.

A distinction was also made between mass surveillance and covert surveillance, with the former meaning individuals being watched as part of a population, whereas the latter means being watched as an individual. Mass surveillance is unobtrusive yet known, anonymous, and depersonalized. Covert surveillance is secretive and unknown, precise, up-close, and personal with the tendency to be long-lasting, intense, intimate, and invasive. As a result, the type of information received drastically differs between the two types of surveillance. Whereas one is gathers information from public spaces, the other entails listening to a phone call or a private conversation in the comfort of one’s home.

As covert investigations become increasingly normalized, policing itself has gone down a path of secrecy, resulting in a complicated relationship between state power, force, and civil liberties.

The Intimacy of Covert Policing

Despite its usage in high-stakes incidents such as serious and organized crime, protest groups and social movements, little is understood about how covert policing is felt and experienced by those who are policed. The discussion emphasized how covert policing has resulted in significant human costs, notably with accusations of undercover officers forming intimate sexual relationships with many women in protest groups they were infiltrating resulting in emotional and psychological fallout. The trauma, confusion, and suffering of those surveilled, have shone a light on not only the immediate but also the enduring human consequences of covert policing.

The nature of covert policing itself possesses inherent harm towards the privacy of suspects. However, beyond the issues surrounding how state surveillance may infringe on individual privacy, discussion was made emphasizing the need to expand the framework of harm to include ways covert policing may alter other aspects of a victim’s life, such as their sense of self, their ability to form and maintain relations with others, and their overall trust in the police and state.

The Impact of Surveillance

A recent study based on interviews with eight environmental activists who were surveilled discussed the impacts of undercover policing. Professor Goold discussed how the study identified three different aspects of state interference. Firstly, activists noted a “fractured reality” when finding out they had been surveilled resulting in repercussions regarding their sense of privacy and ability to trust others. Additionally, the experience of being surveilled had a “derailing” effect that drove many respondents away from their environmental activism conduct. Furthermore, there arose a theme of “resilience” among the surveilled, with some transitioning into anti-state surveillance activism.

Covert Policing and Victimhood

While covert policing is often justified as a measure to protect society from those who would otherwise cause harm, it is crucial to reflect on what victimhood in this context fully encompasses. It is without question that those surveilled such as the women who were deceived into believing they were in an interpersonal relationship were the victims of state harm and the organizations that sanctioned the surveillance. However, it is also inevitable that some of the people who are subject to covert policing are dangerous individuals who have committed serious crimes. The seminar questioned what victimhood really looks like in this context and how far can the notion of victimhood be stretched to apply to everyone subjected to covert policing.

The suffering experienced by those subjected to covert policing highlights the intimate nature of state practice and challenges our conventional understanding of state power and legitimacy. It was noted that the impact of surveillance systems should be understood in relation to how they could interrupt and affect one’s feelings about the world and the social order. Beyond individuals, the impact of its usage also has chilling effects on communities and societies through the fostering a sense of mistrust and fear of the state. As a result, a habit of self-censorship and suspicion is created, leading many people to retreat deeper into their private lives and retreat from public domain.

Directions for Future Research

The seminar ended with an exploration of an agenda for how to approach future empirical research in this area of study. Ultimately, police need to acknowledge and better take into consideration the human cost of surveillance: the psychological and emotional harm covert policing inflicts on individuals, the erosion of trust in personal and societal relationships, and the diminishing legitimacy of law enforcement in the eyes of those surveilled. While this will not mend all the harm caused, it is the first step in the right direction toward repairing the damage that currently flows from covert practices.