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Sorry to disagree with people here, but this is an issue currently being tackled with the Information Commissioner's office. The Information Commissioner sees private investigators as Data Controllers. The Fraud Advisory Panel see them as Data Processors. If the Commissioner is right (and I would point out that the Guernsey Data Protection Commissioner agrees with Richard Thomas) then the private investigator can make a Section 29 request if he is involved in crime prevention and detection. Many private investigators conduct criminal investigations. They act for a number of public authorities that have prosecution powers. The police often sub-contract work of an investigative nature, albeit on the forensic side, to persons who fall within the Home Office definition of private investigators.
However, generally speaking I would say under no circumstances divulge information to a private investigator under a Section 29 request. I say that because, having known the beast for over 25 years, the vast percentage (and I'm here talking about the 90% mark) know absolutely nothing about the Privacy Laws and as such are likely to get you into trouble. I disagree with the Information Commissioner that they are Data Controller; I believe they are Data Processor. I would therefore develop the argument that it is not up to the Data Processor to make a Section 29 request, but up to the Data Controller, who would be the private investigator's client or instructing solicitor. Having said that, the Law Society tell me that they advise their members that they are Data Processors, not Data Controllers.
If anybody has any strong views on whether a private investigator is a Data Controller I would love to hear from them.
The Fraud Advisory Panel met with the Information Commissioner at the beginning of December and discussed the role of private investigators. I have a summary of that meeting and if anybody is interested I would be happy to send them a copy.
One final point. We are in the process of doing the first draft on the role of a private investigator, i.e. is he a Data Controller or Data Processor, and if anybody is interested in that paper I would be happy to provide it to them and would welcome their comments.
Just to clarify the point about private investigators. They do investigate crime, and they have been investigating crime a lot longer than police officers have. The very first police investigator was a former French private detective who had served time in a French prison for fraud.
CHRIS BROGAN
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