Private investigators are asked to help with a wide variety of tasks and problems, especially when it comes to investigating problems or suspicions for a company or business owner. During our investigations, we are sometimes asked if we have the ability to access particular private information.
To give a made-up example, let’s say a CEO suspects her personal assistant has passed on confidential information to a competitor. The CEO asks us if we can obtain the PA’s phone records to investigate this suspicion.
Accessing Phone Records – UK Laws And Regulations
In short, the answer is no. Private investigators cannot access any kind of phone records or location data. This is illegal.
While it may have been possible in the past, awareness of security (which is a good thing) has dramatically increased, and privacy is far more thoroughly protected. The Data Protection Act 2018 is the most significant law that safeguards people’s phone records and all personal data.
Another is the Regulation of Investigatory Powers Act 2000 (RIPA). This dictates that accessing phone records requires lawful authorisation, typically reserved for police and authorities, who still have to jump through a number of legal hoops to gain any kind of access.
Finally, the Telecommunications Regulations keep phone records secure. This regulation states that telecommunication companies cannot disclose call data without a court order or other legal justification.
With these laws and regulations firmly in place and with no signs of changing, it would be both immoral and illegal to access phone records or location data as part of a private investigation. While that may be surprising to those who think PIs have the same kind of legal powers as the authorities, consider whether you would want your phone records protected if someone hired a private investigator to look into your communications.
Like everyone else, we must follow UK law and regulations to ensure that our work is done to the highest standard and that the information we discover is obtained legally.
Why Direct Remote Access Is Impossible And Illegal
It might seem like a huge inconvenience to a private investigator’s role, but legal prohibitions around phone records and location data exist for a reason. Here are just some of the reasons why PIs will not access phone records illegally:
Privacy Concerns: It is vital that we live in a world where individuals’ privacy and communication are protected.
Potential for Misuse – This kind of information can be sold, misused or used for leverage. An example of this is the News of the World phone hacking scandal, where journalists and the newspaper’s PIs were found to be ‘hacking’ private voicemails when stories about public figures were printed that could have only come from private calls. Using information in this way is unethical and illegal – many of the newspaper’s former staff were jailed for their actions.
Legal Consequences:
Criminal Prosecution: Unauthorised access to phone records is a serious offence under the Data Protection Act 2018 and the Computer Misuse Act 1990.
Heavy Fines: Individuals or organisations found guilty can face substantial fines.
Imprisonment: In severe cases, you can face imprisonment of up to 10 years- private investigator Glenn Mulcaire was sentenced to 7 years for his part in the News of the World phone hacking.
Professional Repercussions: Illegal activity can lead to the loss of a private investigator’s PI licence, damage to their reputation, and fines and jail time.
Technology Advancement: Modern cybersecurity measures make unauthorised access extremely difficult and illegal.
A professional and experienced private investigator won’t need to access phone records to get you the answers you’re looking for.
At NPI, we always start with WHY you want phone records. What is the goal? What do you hope the phone records would include or point to? Your PI will identify the underlying objective – in the case of our fictitious CEO, it’s to prove that her personal assistant has divulged confidential information to a competitor over the phone.
In reality, there are other ways to determine the truth. For example, interviewing the personal assistant and discovering their motivations and attitude could go a long way to uncovering whether the CEO’s suspicions are valid or conducting forensic analysis of the assistants work computer.
A good PI won’t need to access phone records to get to the truth; they can use things like;
Surveillance
Legal surveillance can reveal valuable information about a person’s activities and interactions.
Forensic analysis
Investigating a computers hard drive to search for deleted data. Again strict legal boundaries are adhered to.
Open-Source Intelligence (OSINT)
A huge wealth of information is available online that can be ethically and legally gathered.
Interviews and Witness Statements
We can get information from people directly involved or connected to the case.
Background Checks
Background checks can uncover relevant information without accessing private phone records.
Who Can Access Phone Records or Location Data?
Authorities like the police can gain access to phone records through proper court processes. The police can only obtain phone records from a phone service provider with a warrant or court order. This process is detailed and strict, and it’s important to note that police requests to access phone records need to have a valid reason, or requests may be denied by the court.
When phone records are accessed by the police via court order, they show very specific information regarding phone calls. They show the number that was called, when and for how long – but not the content of the calls.
There isn’t a transcript of calls or an audio recording, so you may only be able to discover who called and when by accessing their phone records. The CEO, for example, could see if her PA had contacted any phone numbers associated with competitors, but she would not be able to ascertain from the records what had been discussed.
In some cases, police can get a warrant to tap a phone line to listen in to and record phone conversations, but these are rare and cannot be done retroactively.
No Phone Records, No Problem
For our imaginary CEO, we wouldn’t need to look into her personal assistant’s phone records, our team are more than capable of getting to the truth using legal and effective investigative methods.
A good PI works within the law to get the answers. If you’re interested in finding out how we can help you protect yourself against people listening in on your phone conversations, get in touch today.
