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Tough New Rules on the Way for Private Investigators

Tough New Rules on the Way for Private Investigators

Whilst operating as a ‘Private Investigator’ remains an unregulated profession in the United Kingdom, it looks like Belgium are going to push ahead of the UK in reforming law on private detectives.

Belgium’s federal minister for home affairs, Annelies Verlinden is working on a new reform of the law on private detectives, the first since the law was last amended in 1991 The Brussels Times reports.

Eight years ago, the auditors in the home affairs ministry sounded the alarm bell, arguing that the profession of private investigator (PI), though regulated, was subject to far too few restrictions. Where police detectives are subject to ever stricter rules on how they conduct investigations, for private detectives nothing has changed in 30 years.

In order to work as a private detective in Belgium, you need a licence issued by the ministry. Currently there are 790 licenced private detectives operating, either as independents or employed by companies.

Insurance companies are most likely to employ PIs for the investigation of claims, for example AG Insurance (71), Ethias (57), AXA Belgium (58) and KBC Verzekeringen (31). Supermarkets and large chains like Brico, Carrefour and Delhaize employ PIs mainly to deal with thefts.

Other large companies – Proximus, Coca-Cola, NMBS, De Lijn, DHL – use PIs to deal with fraud.

The time has now come for an overhaul of the 1991 law, bringing it into the age of artificial intelligence, social media and location tracking.

“A draft text has been developed after consultation with various partners,” said ministry spokesperson Sophie Demeyer, speaking to De Tijd.

“The legal framework must be adapted to the spirit of the times – especially privacy rules and individual fundamental rights. The public investigation activities of the police and the judiciary have been profoundly amended over the past 20 years, but those of the private investigator profession have not.”

Among the changes being envisaged, comes a duty on the part of the PI to ensure that the commission given by a client is itself lawful, and that the client has a legitimate right, for example to track the movements of a spouse.

The intention and means of an investigation must in future be set down in writing. Third parties may only be questioned when they have given consent, and PIs may no longer pose as someone they are not to obtain information.

The results of every investigation must be set out in a final report, and may not then be used for any purpose other than the one set out in the initial contract.

Finally, PIs will have a legal responsibility to report any crime or offence detected to the proper authorities, even if incidental to the original purpose of the investigation.

About The Author

Mark Hodgson is the Managing Director of Tremark Associates, one of the UK’s leading providers of investigative services. Mark formed Tremark aged just 25 in 1995 and has over 30 years experience in private investigations and commercial debt recovery industries. He is a leading figure and a campaigner for regulation of the Industry and past President of the Association of British Investigators, a member of the World Association of Detectives, The Chartered Institute of Credit Management, The Institute of Paralegals and an associate member of R3 -The Association of Business Recovery Professionals. Mark splits his time between the Leeds and London Offices. He is a dad of two, a keen runner, cyclist and a Leeds United season ticket holder.