You may not be sure about what is legal or ethical when it comes to private investigators. How far are they able to go in their quest for information? What kinds of methods are available to them? Are there any regulations that they need to comply with?
As is the case for the majority of professionals, there are rules and ethical guidelines that need to be followed by private investigators. Below, you’ll find out more about what the law does and doesn’t allow private investigators to do in the UK.
About Private Investigator
A private investigator is a type of detective that utilizes various methods of investigation when helping clients. The best professionals in this field are known for being highly discreet. There are many investigative and surveillance techniques utilized by detectives as they work to collect evidence and information.
Private investigators take on a range of cases and work with many types of clients. Private Investigator Services conducted by these detectives may include things like:
Undercover work
Infidelity
Missing persons cases
Corporate cases
Surveillance
Tracking vehicles
Insurance fraud
Is It Legal To Hire A Private Investigator?
It is legal to work with a private detective in the UK. With that said, there are rules that investigators must follow. Before you work with a private detective, you’ll want to make sure that they will follow these rules and use legal methods when investigating your case.
In order for someone to work as a private investigator, they need to have a license. Licensing is handed by the Security Industry Authority (SIA). The qualifications of an applicant are evaluated. The applicant most also demonstrate that they are familiar with the rules and ethical guidelines they need to abide by. The SIA also verifies the identity of the applicant and checks for a criminal record. You can not receive a PI license if you have a criminal record.
The majority of private investigators are connected with one or more trade organization. These organizations include the IPI (Institute of Professional Investigators), ICO (Information Commissioner’s Office), and WAPI (World Association of Professional Investigators). Before hiring a private detective, you’ll want to confirm that they are licensed and qualified to assist you.
What Is Legal For Private Investigators?
There are a number of legal investigation techniques that can be used in the UK, like:
GPS Tracking: This involves attaching a tracking device to a vehicle. It is possible to track a vehicle 24/7 once a device has been fitted. This method is highly reliable and is frequent used in investigations involving infidelity. With that said, it is only legal to secure a tracking device to a vehicle if you have the consent of one of the vehicle’s owners. As an example, if a married couple co-owns the car, one person could agree to have a tracking device installed so that the vehicle can be tracked via satellite.
Monitoring In Public: Private investigators can track subjects, but this monitoring must be done in public. It is not legal for detectives to follow people onto private property. This investigative technique can establish where a person has gone and who they were with.
Public Records: Private detectives can gather a great deal of information via open source and public records. It’s possible to access records from a number of places, like aggregator sites and even courts. Records are an effective way for investigators to collect leads that they can follow up on. Looking at public records is often how detectives start an investigation.
Background Checks: It is legal for detectives to conduct detailed background checks on both businesses and individuals. The background checks that a licensed private investigator can conduct are more detailed than the type of search a layperson could complete. This check may include social media, public records, criminal records, and online searches.
What Does The Law Prevent Private Investigators From Doing?
The law restricts how a private detective can investigate a case. Examples of these restrictions include:
Hacking or Bugging Phones: While phones often contain private information, it is considered to be an ethical violation to hack or bug them. Phones may contain passwords, medical information, baking information, and more. This information is classified as confidential, which is why it cannot be legally accessed.
Hacking Computers or Email Accounts: Like with phones, the information found on a computer and in an email account is considered to be confidential. This means that hacking a computer or hacking into an email account would be an ethical violation. The Computer Misuse Act of 1990 states that it is illegal to access data being stored on a computer.
Trespassing: Investigators cannot be on private property unless they have permission. Because trespassing is against the law, investigators that violate these guidelines could be prosecuted. Residences and private land both qualify as private property.
Accessing Financial Information: Private detectives cannot access banking information or financial details without the permission of the person that these details belong to. If an investigator does not have permission, they will be unable to access these details, even if they are vital to a case. However, these restrictions do not apply if the individual has given their permission.
