Private Detectives and the Law


Hacking
It is illegal to intercept any communication, including voicemail, without proper authority under the Regulation of Investigatory Powers Act, known as RIPA. It is also unlawful to hack into a computer. However, the CPS may decide to waive pressing charges if they feel it would not be in the public interest.

Blagging
If you fraudulently misrepresent yourself and obtain information that either you stand to gain by, through its sale, or causes a loss to others, you can be prosecuted under the Fraud Act. The Data Protection Act also outlaws improper obtaining of personal information. There is a defence if it can be proven to be preventing or detecting a crime, or if the information gleaned was in the public interest.

Surveillance
It’s not illegal to put someone under surveillance but anti-harassment laws can take effect if the target is caused distress. European human rights legislation is increasingly invoked to fight invasions of privacy.

Rummaging through bins
Rubbish is likely to be deemed discarded and therefore not anyone’s possession. Even if someone is found to “own” the contents of a bin, private detectives who rifle through rubbish, remove and photocopy material then return it, could argue that they were not intending to permanently deprive the owner of it – a key element of theft. However, anti-harassment and privacy laws could also apply.