28 May 2015

The Minister for Justice and Equality, Frances Fitzgerald, T.D. has today announced that, with effect from 1 November 2015, contractors providing security services as a private investigator will require a license from the Private Security Authority (PSA).

The extension of licensing to private investigators is a major milestone for the PSA, an independent statutory body under the aegis of the Department of Justice and Equality with responsibility for licensing and regulating the private security industry. The Authority has to date licensed contractors in the cash-in-transit, event security, door supervisor, security guarding, installer of security equipment and alarm and cctv monitoring sectors.

Announcing the Regulations which were signed recently, Minister Fitzgerald said

“The licensing of Private Investigators follows two years of development work by the Private Security Authority, including consultation with the industry. During that period, a number of successful prosecutions against Private Investigators have been achieved by the Office of the Data Protection Commissioner following investigation into the activities of Private Investigators. Some of the more undesirable activities and practices of the sector have been highlighted by these investigations and the need for regulation is evident. I am confident that the introduction of these Regulations will raise standards in the sector.”

The Minister, together with the Chairman of the PSA Board and the Chief Executive of the PSA, recently co-signed the necessary Regulation to introduce licensing of private investigators, i.e. S.I. No.195 of 2015. The Minister also signed the necessary Commencement Order, S.I. No. 194 of 2015, which means that it will be an offence for any contractor to offer a service as a Private Investigator without a licence after 1 November 2015.

In addition, only those licensed by the PSA will be able to advertise or represent themselves as a Licensed Private Investigator. It will also be an offence for a person to engage or employ an unlicensed Private Investigator. The Authority maintains a register of both contractor and individual licence holders on its website, www.psa.gov.ie. The registers are a useful tool for business and the public who can ensure that their security provider is licensed by checking the details on the register.

 

ENDS

 

Note to Editors:

 

Private Security Authority

The Private Security Authority (PSA) is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA is an independent body under the aegis of the Department of Justice and Equality. Established under the Private Security Services Act 2004, as amended, the PSA’s main functions are

 

Section 2 of the Private Security Services Act identifies the following sectors to be licensed by the PSA:

 

The PSA issues licences to contractors and individual employed in the security industry. The PSA currently licences contractors operating in the Door Supervisor, Installer of Security Equipment, Event Security, Security Guarding, Monitoring Centre and Cash In Transit sectors. 915 contractors are currently licensed to provide security services in these sectors. For the purposes of licensing a contractor includes sole traders, partnerships and corporate bodies providing security services. Individuals working in the Cash In Transit, Door Supervisor and Security Guarding sectors are also required to hold a licence and there are currently well over 26,000 licences issued in these sectors. Both contractor and individual licences are issued for a period of two years.

 

Licensing of Private Investigators:

Licensing of Private Investigators will apply to all private security employers or independent contractors who in the course of a business, trade or profession conducts investigations into matters on behalf of a client and includes persons who:

a) obtains or furnishes information in relation to the personal character, actions or occupation of a person,

b) obtains or furnishes information in relation to the character or kind of business in which a person is engaged,

c) searches for missing persons,

d) obtains or furnishes information in relation to the loss or damage of property.

 

Licensing Requirements

In order to obtain a licence a contractor must make an application to the PSA accompanied by the following:

 

Licence Fee: The licence fee is based on the turnover of the contractor. Where a contractor has no turnover the fee is €1,000. For contractors with a turnover of up to €300,000, the fee is €1,250. Licences issue for two years.

Garda Vetting: All applicants for a licence including directors, shareholders and company secretary of a body corporate are vetted by An Garda Síochána on behalf of the PSA. Persons who reside or have resided outside the jurisdiction are required to submit foreign criminal record certificates. The PSA consider all applications against their Fit and Proper criteria before deciding to grant or refuse a licence.

PSA Standard: All applicants for a licence will have comply with the PSA Standard, PSA Licensing Requirements – Private Investigator (PSA 42:2015), which sets out the mandatory requirements for Private Investigators. The standard includes requirements in the areas of organisation structure, staffing and training, operations and licensing compliance. The PSA will commence the development of a technical standard for Private Investigators following the introduction of licensing.

Tax Clearance Certificate: All applicants must provide the PSA with a valid Tax Clearance Certificate.

Additional Requirements: Corporate Bodies are required to provide a Certificate of Incorporation. Where a business uses a trading name a Certificate of Business Name is required.

 

Compliance

From the 1st November 2015, it will be an offence to operate as a Private Investigator without a licence. It will also be an offence to represent oneself as a Private Investigator by advertisement or displaying any object purporting to indicate that the holder is a licensed Private Investigator. For both offences a person 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 up to 5 years or a fine.

 

Data Protection

Over the past four years, the Office of the Data Protection Commissioner has investigated the activities of several private investigators from the perspective of the sourcing of personal data about individuals, particularly with regard to tracing. Those investigations uncovered unlawful activity in this sector. Some private investigators sought to unlawfully access personal information held on State databases, such as in Government Departments, and in customer databases in the private sector, such as in insurance companies and utility providers. Last year, the Data Protection Commissioner successfully prosecuted two private investigator entities which had been hired to trace debtors by various Credit Unions in the State. The Office of the Data Protection Commissioner continues to probe the activities of a number of private investigators and it will prosecute further cases if evidence is found of offences under the Data Protection Acts.