ARTICLE
29 December 2015

Licensing Of Private Investigators

M
Matheson

Contributor

Established in 1825 in Dublin, Ireland and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 700 people work across Matheson’s six offices, including 96 partners and tax principals and over 470 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Our clients include over half of the world’s 50 largest banks, 6 of the world’s 10 largest asset managers, 7 of the top 10 global technology brands and we have advised the majority of the Fortune 100.
With effect from 1 November 2015, contractors providing security services as a private investigator require a licence from the Private Security Authority (the "PSA").
Ireland Insurance

With effect from 1 November 2015, contractors providing security services as a private investigator require a licence from the Private Security Authority (the "PSA"). The Private Security (Licensing and Standards) (Private Investigator) Regulations 2015 (the "Regulations") are the result of a PSA public consultation conducted last January following a number of successful prosecutions against private investigators by the Office of the Data Protection Commissioner.

The new Regulations will apply to any person who in the course of a business, trade or profession conducts investigations into matters on behalf of a client and includes a person who –

  • obtains or furnishes information in relation to the personal character, actions or occupation of a person or to the character or kind of business in which a person is engaged;
  • searches for missing persons; or
  • obtains or furnishes information in relation to the loss or damage of property.

Since 1 November 2015 it is an offence to operate as a private investigator without a licence. In addition, only those licenced by the PSA can now advertise or represent themselves as a licensed private investigator. From the perspective of the insurance industry it is important to note that it is also an offence for a person to engage or employ an unlicensed private investigator. Any person who contravenes these provisions can be fined up to €3,000 or imprisoned for up to 12 months or both on summary conviction. A conviction on indictment can lead to imprisonment of up to five years or a fine.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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