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Private Investigators and GPS

  • 17-02-2015 10:51am
    #1
    Potential-Monke
    Registered Users, Registered Users 2 Posts: 14,382 ✭✭✭✭


    Quick question, does anyone know or could point me towards the legislation governing Private Investigators? Specifically the use of GPS trackers by PI's on private vehicles? Not looking for advice, just the legislation. I had a look and can't find anything.

    Cheers!


Comments

  • #2
    GerJaxon
    Closed Accounts Posts: 27 ✭GerJaxon


    Potential-Monke wrote: »
    Quick question, does anyone know or could point me towards the legislation governing Private Investigators? Specifically the use of GPS trackers by PI's on private vehicles? Not looking for advice, just the legislation. I had a look and can't find anything.

    Cheers!
    you mean a pi putting a gps on the vehicle without knowledge of owner?


  • #3
    Potential-Monke
    Registered Users, Registered Users 2 Posts: 14,382 ✭✭✭✭Potential-Monke


    GerJaxon wrote: »
    you mean a pi putting a gps on the vehicle without knowledge of owner?

    Yup. I've subsequently found out through the Data Protection office that it's illegal to put it on private vehicles. So now I'm just looking for legislation on PI's in general.


  • #4
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Potential-Monke wrote: »
    Yup. I've subsequently found out through the Data Protection office that it's illegal to put it on private vehicles. So now I'm just looking for legislation on PI's in general.

    Good luck with that. As far as I can see, there is none. A PI has no legal standing, other than any normal citizen. So, all the same laws apply.


  • #5
    Uno my Uno.
    Registered Users, Registered Users 2 Posts: 905 ✭✭✭Uno my Uno.


    Its much more likely that any relevant legislation relates to Data Protection rather then the regulation of Private Investigators so maybe you should shift the focus of your search.


  • #6
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Paulw wrote: »
    Good luck with that. As far as I can see, there is none. A PI has no legal standing, other than any normal citizen. So, all the same laws apply.
    AFAIK PIs fall under the Private Security Services Act and the remit of the PSA but it seems that PIs do not require a licence. The PSA is looking to have that corrected by the end 2015 and have published a regulatory impact analysis which may give some insight to their plans.

    http://www.thejournal.ie/private-investigators-ireland-regulated-1755940-Nov2014/


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  • #7
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    There are no laws or regulations specifically in relation to PIs. There is nothing stopping anyone from setting up shop as a PI tomorrow.

    So rather than looking at laws specifically around PIs, check out laws around their activities. Examine it from the point of view of one private citizen spying on another.


  • #8
    Uno my Uno.
    Registered Users, Registered Users 2 Posts: 905 ✭✭✭Uno my Uno.


    The vast majority of PIs in Ireland are retired Garda and most of them do very little sleuthing beyond confirming whether or not someone is living at a particular address. Aside from that some do work for the Insurance Companies investigating fraudulent insurance claims.

    They are essentially private citizens investigating private citizens.


  • #9
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    As others have said, PIs operate in a legislative vacuum in that their "profession" is not regulated. Also, some of their activities are undoubtedly unlawful (as opposed to illegal).

    One important thing to bear in mind, though, is that even illegally obtained evidence may still be admissible where its probative value outweighs the prejudice to the defendant.


  • #10
    Potential-Monke
    Registered Users, Registered Users 2 Posts: 14,382 ✭✭✭✭Potential-Monke


    Seems to be the way from what i've gathered so far. Nice to know that there is some legislation on the way. Not going to be one, but i was mainly wondering, aside from the GPS side, if they're legally allowed follow someone around, or would that constitute harrassment/besetting. Thanks for all the replies!


  • #11
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Potential-Monke wrote: »
    Seems to be the way from what i've gathered so far. Nice to know that there is some legislation on the way. Not going to be one, but i was mainly wondering, aside from the GPS side, if they're legally allowed follow someone around, or would that constitute harrassment/besetting. Thanks for all the replies!
    I think the scale of activity would be relevant.


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