17 Oct
2008
Why a Private Investigation Must Be Done with Utmost Care: Spy Software and the Law

spy gameThere are several reasons why most prospective employers and clients prefer private investigators with years of experience. One is that these detectives are much more aware of the law. Utmost care has to be taken to ensure that no violations of civil rights will occur in each investigation, particularly if it is being privately performed.

Take the case of spy software being used in New Zealand to monitor calls and messages on mobile phones. This software is frequently used by spouses who wish to track their significant other’s activities on their cellphones.

According to a group of private investigators in the country, the use of the software is questionable. It can be downloaded onto a mobile phone and programmed to keep track of all calls and text messages coming from that unit.

The spouse who enrolls in the service only has to go online, enter the manufacturer’s website and view the list of activities. The log will include pertinent data such as the date, time, number dialed and text messages sent.

According to the group, the act itself was a violation of the provisions contained in the Privacy Act. When people use their phones to communicate, they do so knowing that their exchange of information will be kept private and shared only between them and their recipient. The software makes it impossible.

When a private investigation becomes an offense
There are many similar spy software and other activities being performed by some private investigators that seem to push the accepted boundaries between permissible sleuthing and violation of the right to privacy. This can be troublesome, particularly if it breaches certain provisions in the law meant to protect people from illegal spying.

Already, laws that allow private investigators to perform their duties are being reviewed. Experienced practitioners, however, insist that the industry is being regulated by established laws. The provisions found in the Privacy Act and in other similar laws across the world not only protect individuals from unscrupulous practitioners of private investigation, they also prevent detectives from becoming tempted by unethical practices.

Regardless of their activities, people are still entitled to their inalienable right to perform certain activities in private. This is something that private investigators must understand and keep in mind. True, as technology changes, so do people’s capabilities to keep track of one another. It also changes the way people view things, which explains why the law also has to evolve in order to keep up with the changing needs of the times. Although investigating privately means learning to adapt to technology for convenience and efficacy, it should also be performed with utmost care, ensuring that established laws are not crossed.

image credits to 3blindmice

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