Investigators' Update: Regulation - a step closer
06 July 2012
Today the House of Commons Home
Affairs Committee has published a report on private
investigators.
The report, which was precipitated in part by the phone hacking
scandal, recommends that:
- the Government should set up a
licensing and registration system for private investigators, and
that they should be governed by an industry Code of Conduct;
- there should be a one year
"cooling off period" between serving as a police officer and
entering the investigation industry, and that dealings between
police and investigators should be documented;
- the penalties for offences
relating to the unlawful obtaining, disclosure and selling of
personal data under section 55 of the Data Protection Act should be
strengthened.
In launching the report, the Rt Hon
Keith Vaz MP, Chair of the Committee commented:
"the public must be assured that those
acting as 'private investigators' are subject to stringent checks,
act under a code of conduct, and will face tough penalties if they
step out of line"
Commentary
The concept of licensing for private investigators
has been in gestation for many years (the Private Security Industry
Act 2001 contained provisions for a licensing regime).
However, this report, and the anticipated recommendations arising
from Lord Leveson's Inquiry, are likely to accelerate its
arrival. Whilst the principle of licensing is welcomed by
many in the industry, "investigation" covers many activities, so it
may be difficult to determine who will have to be licensed in
practice.
The proposed "cooling off period" for police officers moving into
private practice also appears fraught with potential difficulties,
not least the prospect of individuals with valuable skill sets
being temporarily unemployed, and prospective employers facing a
recruitment crisis.
For those who do become licensed, the report suggests the award of
the protected title,"Private Investigator". It also suggests
that they should be provided with "increased access to certain
prescribed databases", citing the on-line vehicle-keeper database
as an example. The prospect of preferential access to
otherwise private data sources will give competitive advantage to
those who are licensed, and this is a development which we consider
the industry should embrace.
To access the full report please
click here
For further information please contact
Tony Lewis, Partner,
Alexandra Underwood, Partner at Field Fisher
Waterhouse LLP.