Personal safety, criminal investigations and background checks for potential employees are just some of the reasons why private investigators are called in for their expertise.
Knowledge of one person’s activities and their history can go a long way in making relationship or hiring decisions. This knowledge can even prove guilt or innocence of a crime.
A great deal of information is available through public records and Internet searches, but national laws put limits on how one can go about acquiring information on someone else. Laws specific to the United States or the country a subject being investigated lives in must be adhered to; otherwise the investigator risks penalty.
Court orders and signed authorizations from the appropriate parties are required to access personal records and other information in the United States. It is also illegal to manipulate others to attain such information, as is outlined in The Gramm-Leach Bliley Act passed into U.S. law in 1999.
If the investigator violates the law, ethical and criminal penalties are possible. Investigators should have general knowledge of the laws specific to their cases and should consult an attorney when the specifics are unclear.
Types of Legal Access
Access to personal bank records is restricted under national law, even for governmental agencies. Financial institutions do not have to reveal any records or details on accounts unless a customer agrees to do so. Court orders, subpoenas and search warrants allow for exceptions to this rule, but otherwise access to such data is limited unless law enforcement agencies obtain the appropriate paperwork.
Private investigators cannot access bank records on their own without risking legal consequences. Credit reports can be obtained only with the permission of the person in question, typically in the form of a signed authorization.
Telephone and cell phone records in the United States are also protected under a law enacted in 2007. Permission is required to access another party’s records, and there must be a strong legal argument in favor of doing so.
Television P.I.’s are often seen using bugs and high-tech equipment to record and listen to telephone conversations; it looks simple but, in reality, these techniques are highly regulated by the law. It is also illegal to coax telephone or Internet companies into unauthorized disclosure of personal accounts and information.
The laws limiting access to birth certificates are regulated by each individual state government. Private investigators are generally not allowed to access these records without the permission of whose certificate is in question.
Family members and next-of-kin can allow permission under certain circumstances; otherwise, investigators cannot legally access birth certificates without facing penalties. Public access to travel records is forbidden, although with the proper consent, can be accessed through the U.S. Department of State with proper documentation, such as a court order or signed authorization.
Some laws that limit the actions of private investigators are quite clear; court rulings, however, have disagreed on actions such as invasion of privacy when personal safety or the welfare of a child is in question.
A careful review of the law and legal advice from an attorney can help a UK private investigator avoid becoming the subject of a legal dispute, or risking their freedom and career.
After reading about background checks, you’re probably interested in learning more about how an outsourced India background check may differ from one completed in the U.S. This guest post was written by Mary.
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