Private Investigators and the Law

At the present time there is no law regulating the operation of private investigation companies or their operatives. The Security Industry Act 2001 was set up to create statutes to control, amongst others, door staff (bouncers), wheel clampers and private investigators. Such lofty company!

Due to operational considerations the final rules for the investigation industry are still being formulated. Until the time of their introduction into law there are only the constraints of other legislation to guide us.

The Regulation of Investigatory Powers Act 2000 (RIPA) set out rules in the main for those employed by the state, police, army, security services and local authorities. Apart from the interception of mail and electronic data, it provides specific instructions for surveillance. Most importantly it sub-divided into three sections the standards of conduct and use of ‘directed surveillance’, ‘intrusive surveillance’ and ‘covert human intelligence sources’.

In the main it states that any information gathered must be from outside the home of any subject, to protect not just the privacy of that subject but that of his or her friends and family. Abbotsgate Investigations respects and complies with those regulations.

This act, coupled with The Human Rights Act 1998 together with guidelines set out by OFTEL, also afford such privacy in the workplace. They state that employees should have in their contract of employment the fact that internal communications and those to and from their place of work may be monitored. Intrusion in the home, or that which is above and beyond what is ‘reasonable’ in the workplace is illegal.

All private investigation companies are also required, by virtue of the nature of their work, to register under the Data Protection Act 1998. Abbotsgate Investigations are not only registered under the act but, as good practice, frequently carries out a self audit to check the accuracy of, the need to retain, and the safety in storage of, all information it holds on others.

By ensuring its adherence to both the law and ‘best practice’ laid out by various different relevant bodies, Abbotsgate Investigations can be satisfied that it provides a decent and honest service for its clients, ever mindful of the need for courtesy and discretion, and collects and disseminates all information to a standard suitable for legal proceedings, as well embracing the spirit of the law that will eventually govern our workings.