What are the possible consequences of unethical person tracing or GPS vehicle tracing?
Unethical person tracing, what can go wrong?
We’ve covered in other publications what can go wrong. This was mainly focusing on;
- Not utilising enough resources on a surveillance deployment.
- Not hiring a true professional bug sweeping specialist with the correct equipment.
- When a tracing agent is instructed, to ensure it’s provided on a no trace no fee basis.
- The consequences of instructing a rogue investigator to hack a mobile telephone.
More information – What could go wrong with a private Investigation?
In this short publication we are going to look at the possible consequences of not vetting a client’s true intentions. We have looked at how to vet a prospective client previously.
Watch the video – How to vet prospective clients
Clapham Chemical Attack
We’ve all heard in the news of the Clapham chemical attack by Abdul Ezedi who attacked his former partner and children in Clapham on 31st January 2024 and the ensuing manhunt. Ezedi who resided in the Newcastle area after gaining asylum in the UK, travelled down to Croydon to carry out the attack with an alkali substance.
What if Ezedi utilised a Private Investigator with a fictitious reason and objective to trace his former partner and children to the refuge in Croydon? Firstly, the fact that she was in a refuge or safe place would ring alarm bells and the trace details should not be provided under any circumstance.
Worcester Chemical Attack
This has happened before though on many occasions. Another example is an Afghan father in Worcester in 2018 where a Private Investigator was utilised to trace, perform covert surveillance and GPS vehicle tracking on his wife and three year old son. The father then performed an horrific acid attack on his three year old son in Home Bargains, Worcester on July 21st 2018.
So how can we mitigate emotive tracing enquiries?
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 tasking. 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?
Titan Pneumonics – JAPAN & PLAN
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.
- 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.
- 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.
- Complete a Legitimate Interest Assessment (LIA) template to ensure legitimacy of the investigation in regard to the Data Protection Act and the General Data Protection Regulation.
Ethical Person Tracing: Who do I contact for further advice?
For further advice and information in regard to a person trace, then 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.