Private Investigators

kaliber247

Could anyone tell me the legalities of a private investigator. A friend of mine was recently followed by one of these investigators. He more or less stalked her. This really scared the hell out of her as she had no idea why she was being followed and how long it had been going on for. It is a real violation of somebodies privacy. I read up a bit about this apalling job. These people set up hidden cameras and listening devices and follow you around shops and social gatherings and even around your own home. This seems crazy to me. Surely this is not allowed unless your some kind of criminal and your being investigated by the "law", and not some idiot calling himself an investigator. Please Help !!

UrbanFox

This is NOT legal advice as that is not allowed here.

Generally, private investigators do not have any extra powers beyond those of the ordinary citizen. They have the same legal responsibilities and potential liabilities as the rest of us.

The title "PRIVATE INVESTIGATOR" confers no extra legal powers.

If your friend is sufficiently troubled by the investigator she can complain to the Gardai as they should be able to do something about it.

Ultimately, if the Gardai cannot assist, your friend needs to see a solicitor as there may be several wrongs being committed according to whatever the facts may be.

Your friend could report the investigator, for example, for harassment under S.10 of the Non Fatal Offences Against the Person Act 1997 which reads as follows ;

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

[GA] (2) For the purposes of this section a person harasses another where—

[GA] ( a ) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

[GA] ( b ) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

[GA] (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may, specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

[GA] (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

[GA] (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

[GA] (6) A person guilty of an offence under this section shall be liable—

[GA] ( a ) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

[GA] ( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

kaliber247

Thanks very much for your reply. I am sure it will be of great benifit to my friend.

Gangu

kaliber247 wrote: »

Thanks very much for your reply. I am sure it will be of great benifit to my friend.

Also if it is an insurance company that has had her followed you could note the Code of Practice recently published by the Data Protection Commissioner

Our man in Havana

How is that relevant?

Gangu

A complaint to the Data Protection Commissioner regarding the manner in which they are gathering her personal information might see that office take up the issue on her behalf.

kaliber247

Hi,

Just wondering if you or anyone else would know what my friends rights are in relation to this Private Investigator. Does someone have the legal right to know why they are followed and who employed them by the Gardai. The Private Investigator does not seem to have been anything to do with Insurance. There is lots of information regarding PI`s and Insurance online but nothing else except the recent case of the PI being employed by an employer to follow an employee. Also, can a protection order or harassment order be taken out against whoever employed the PI?

Thank you.

Our man in Havana

Can your friend find out who this PI is? Can she get a car reg number and give that to the Gardaí? I am sure the Gardaí will tell the PI to cease and desist. At least then you will get the name of the PI from the Gardaí.

Yes, you can get a protection order most likely by way of an injunction against the PI and their employer. But you will first need to establish their identities. If you find out who the PI is you are half way there.

I take it this PI is still active against your friend?