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Law on Surveillance

Declan/Brian wondering what is the law in relation to surveillance? Does the Private Investigator have to notify the local Gardai that they will have a person under surveillance in their particular area? Does the Gardai and Private Investigator come under the terms of the Data Protection Act?

Anyone including a Private Investigator can observe someone else provided they are not “watching and besetting” – that is keeping them under surveillance to such an extent that it is indiscreet and a nuisance.

Strictly the Private Investigator is not obliged by law to notify the local Gardai but it would be a good idea to do so because then if the investigator were reported to the Gardai as acting suspiciously the Gardai would know not to disturb him or her.  

Regarding the Data Protection Act – the Act only relates to information held on computer or in digital form.  The Gardai have special rules about it under separate legislation but the Private Investigator would, like every business trade or profession, be fully within the rules under the Act.

Listeners can check registration details under the Data Protection Act at www.dataprotection.ie

 

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