How to vet whether a prospective client’s intent is both genuine and lawful

There are always going to be perspective clients whose motives to use a Private Investigator are emotive and/or potentially illegal, however how can we mitigate the chances of this occurring?

When a client contacts us enquiring about a particular service, we will ask them to inform us of their intention and objectives. From their response we are then required to ensure that there is a legitimate interest. Effectively, is it lawful or is the intention to stalk an individual with the intention of causing harassment, alarm or distress? If this is the case, then we are potentially falling into the realms of the Protection from Harassment Act 1997 and are putting ourselves in line for prosecution which obviously needs to be avoided at all costs.

This thought process needs to be documented. At Titan, we use a Management and Data Audit Trail form for every operational task. This covers everything from the initial telephone enquiry to the date any data was destroyed post deployment or a valid reason for retaining it.

It is then advised to compete with a Legitimate Interest Assessment (LIA) template for your company. If you are a member of the Institute of Professional Investigators, you are able to gain access to their LIA template which is on the Members Only Publications page and listed under the GDPR Toolkit. This covers the legitimacy of the investigation with regard to the Data Protection Act and the General Data Protection Regulation.

This form documents three areas for consideration.

• Purpose Test
  • Why do we want to process the data? What are we trying to achieve?
  • Who benefits from the processing? In what way?
  • How important are those benefits?
  • What would the impact be if we were to go ahead?
  • Would our use of the data be unethical or unlawful in any way?
• Necessity Test
  • Does this processing actually help to further that interest?
  • Is it a reasonable way to go about it?
  • Is there another less intrusive way to achieve the same result?
• Balancing Test
  • What is the nature of our relationship with the individual?
  • Is any of the data particularly sensitive or private?
  • Would people expect us to use their data in this way?
  • Are we happy to explain it to them?
  • Are some people likely to object or find it intrusive?
  • What is the possible impact on the individual?
  • How big an impact might it have on them?
  • Are we processing children’s data?
  • Are any of the individuals vulnerable in any way?
  • Can we adopt any safeguards to minimise the impact?
  • Can we offer an opt-out?

To simplify this, there are two pneumonics that we can use one or the other. The first is JAPAN and the alternative is PLAN.

JUSTIFIED                                            PROPOTIONATE

ACCOUNTABLE                                   LAWFUL

PROPORTIONATE                                ACCOUNTABLE

APPROPRIATE                                     NECCESSARY

NECCESSARY

Is it justified? Is it accountable? Is it proportionate or is there a less intrusive method available? Is it appropriate? Is it necessary?

OR

Is it proportionate? Is it lawful? Is it accountable? Is it necessary?

If the answer is NO to any of these then we are required to go back to the drawing board and find a more appropriate or less intrusive method of completing the client’s objective legally and ethically.

There is currently NO legislation to prevent a Private Investigator from deploying a GPS vehicle tracking device or imposing performing physical surveillance if JAPAN or PLAN are adhered to and YES is answered to each element.

So, to summarise.

1. Ask your client the reason for their request to identify whether their intention is lawful. You will generally know if things aren’t adding up. If you get that feeling, then avoid, avoid, avoid.
2. Complete some sort of Management and Data Audit Trail form to record your reasoning and to highlight what personal data is gained, how it is retained and when it is destroyed.
3. Complete a Legitimate Interest Assessment (LIA) template to ensure legitimacy of the investigation with regard to the Data Protection Act and the General Data Protection Regulation.

Who do I contact for further advice?

For further advice and information in regard to vetting a new client, please feel free to speak to us for further advice and in complete confidence.

London Private Investigators – Call the Titan Investigations London Office 020 39046622

Birmingham Private Investigators – Call the Titan Investigations Birmingham Office 0121 7162442

Cambridge Private Investigators – Call the Titan Investigations Cambridge Office 01223 662022

Derby Private Investigators – Call the Titan Investigations Derby (Head Office) 01332 504256

Leeds Private Investigators – Call the Titan Investigations Leeds Office 0113 4574066

Leicester Private Investigators – Call the Titan Investigations Leicester Office 0116 2436520

Nottingham Private Investigators – Call the Titan Investigations Nottingham Office 0115 9646950

Manchester Private Investigators – Call the Titan Investigations Office 0161 3023008

Sheffield Private Investigators – Call the Titan Investigations Sheffield Office 0114 3499400

Alternatively, you can contact us directly using our fully confidential contact form at enquiries@titaninvestigations.co.uk or chat directly using our Live Chat facility and one of our private investigations team will get right back to you.