Private investigators must be licensed from November

Private investigators will need to obtain a licence from the Private Security Authority (PSA) from November, under new measures announced by the Department of Justice.

The director of a private investigation business in Dublin said he would challenge the new rules in the courts.

In the past two years a number of successful prosecutions against investigators have been achieved by the Office of the Data Protection Commissioner.

Some private investigators have 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, the Department of Justice said.

“Some of the more undesirable activities and practices of the sector have been highlighted by these investigations and the need for regulation is evident,” said Minister for Justice Frances Fitzgerald.

“I am confident that the introduction of these regulations will raise standards in the sector.”

From November 1st it will be an offence for any contractor to offer a service as a private investigator without a licence. It will also be an offence for a person to engage or employ an unlicensed 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.

To obtain a licence, a contractor must provide the PSA, which is an independent body under the aegis of the Department of Finance, with a licence fee, a garda vetting form, a certificate of compliance with PSA standard and a tax clearance certificate.

But Aidan Dorney, director of private company City Investigations, said he intends to challenge the measures in the courts.

Mr Dorney, who has convictions for running prostitution rings, said he is unlikely to be granted a licence because of the Garda vetting requirement.

He said he would argue, as some taxi drivers with previous conviction have argued, that he is entitled to make a living.

“It’s my livelihood,” he said, adding that he strongly disagreed with aspects of the new rules, such as the possible five-year jail sentence for breaching the measures. “I don’t think it has been well thought out,” he said.