There a quite a few questions when it comes to the law and ethics surrounding private investigators. What lengths can they go to uncover the truth for you? What methods are they allow to use? Are they regulated by anyone?
Like most professions, private investigators are in fact regulated and have set rules and ethics they must follow. In this post, we’ll explore what private investigators can do legally in the UK and what they can’t do by law.
Private investigators – the basics
Private investigators are detectives that use a wide range of investigating techniques to solve sensitive or difficult problems. Those at the top of their game do this to the highest level of discretion and privacy. Using a wide range of surveillance and investigation techniques, they will gather evidence and information that helps solve each case.
A private detective can help investigate a range of problems and uncover the truth by gathering evidence for you. They can investigate:
- Undercover operations
- Cheating partners
- Corporate cases
- Finding missing people
- Vehicle tracking
- Rural surveillance
- Insurance fraud
Are private investigators legal to use?
Hiring a private investigator does not violate any rules of law, in the UK. However, there is certain conduct that private investigators cannot engage in or else they will be violating the law. You should check with the private investigator, before you hire them, that they follow all the rules and laws for private investigation.
Private investigators should have a licence to operate as a private investigator. The SIA (Security Industry Authority) authorises the licences and investigate thoroughly being giving someone a private investigator licence. They check the applicant’s qualifications, to make sure they are qualified to become a private investigator, including checking the applicant knows all the relevant laws and ethical standards that the profession needs to abide to. In addition, they check the applicant’s identity and their criminal record, as anyone with a criminal record cannot be a private investigator.
Most professional private investigators are members of at least one regulated trade organisations, such as ICO (Information Commissioner’s Office), The World Association of Professional Investigators (WAPI) or Institute of Professional Investigators (IPI).
What can a private investigator do legally?
Many investigation techniques are legal in the UK, such as:
- GPS Tracking – This can be used 24 hours a day, 7 days a week. It involves fitting a very small tracking device to a car or vehicle, the device then sends signals to a designated satellite. It is a very reliable method, used often by private investigators to solve cases, such as cheating partners. However, it can only be used if you have consent from the individual, such as with business cars or your own car that someone else is driving.
- Public monitoring – They can only follow someone if it is in a public place. Private investigators cannot follow anyone in a private place, such as a home or private property. This method can provide evidence of where someone has been, when they have been there and who they were there with.
- Public and open source records – Public records give private investigators a wide range of information about somebody. Normally, these records can be accessed through the county courthouse, or sometimes through an aggregator (website or program that can collect, or give out, information about an individual). Often, the basic records can lead private investigators to other information and other leads to follow. The basic information can also help private investigators start their investigations.
- Perform background and history checks – Legally, private investigators can do very thorough background and history checks on individuals or businesses. You will not be able to do a search as thorough, if you were to do it yourself. The checks vary from online searches, social media checks, criminal record checks or even public records.
What can’t a private investigator do legally?
There are laws and regulations that private investigators must follow. Sometimes, this can restrict what a private investigator can do whilst they are investigation your case, such as:
- Bug or hack phones – Private investigators can never hack or bug phones, as it is unethical. Phones usually hold private and confidential information about an individual, often medical information, bank details or passwords and log-in details for various sites.
- Hack computers or emails – Similar to phones, computers and email accounts can hold private and confidential information that someone might not want to share with others. It is unethical for a private investigator to hack computers or emails and it is also illegal for anyone to access data stored on a computer, according to the Computer Misuse Act, 1990.
- Trespass – Private investigators are not allowed to be on any land that is not theirs, without permission. This includes somebody’s home or private land. Trespassing is an unlawful act, so private investigators can face prosecution.
- Obtain bank or financial details – If a private investigator wants to access these details, they must ask for permission from the individual who it belongs to. Without permission, these details cannot be accessed by a private investigator, no matter how important they are to uncovering the truth for their clients.
Legal private investigators in the UK
M19 Solutions is a team of expert private investigators based in Manchester, with access to the most up-to-date surveillance technology. Based in Manchester and the surrounding areas, we can deal with a wide variety of cases.
From cheating partners to corporate investigations, we are among the most well trusted and respected private investigator agencies in the UK. If you are looking for solution to any issues requiring private investigation, get in touch with us today for a free consultation.
Also, if you’re a fan of private detectives, don’t forget to check out our articles on the 20 Greatest Famous Detectives!
