This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 April 2011, are made under section 115(1) of the Private Security Personnel and Private Investigators Act 2010 (the Act). That section allows for regulations to be made prescribing codes of conduct under the Act.
Section 115(3) of the Act requires that regulations under subsection (1) set out a code of conduct in relation to the surveillance of individuals by private investigators and private investigator employees. These regulations prescribe such a code of conduct.
The code imposes requirements on private investigators and private investigator employees when undertaking surveillance of an individual, and these requirements differ according to whether the individual is—
The effect of these requirements is, for example, that a private investigator may not, without the consent of the occupants, photograph an individual who is in a house but may, with or without the consent of the occupants of the house, photograph an individual working in the garden if the individual can be seen from the street without using any visual surveillance device. Further, a private investigator may not, without the consent of an employer, enter a work place that is on private property to photograph an employee but may, with or without the consent of an employer, photograph an employee who is working in a public place or who can be seen from a public place without using any visual surveillance device.
The code also imposes requirements on private investigators and private investigator employees in relation to the installation of surveillance equipment. These requirements differ according to where it is proposed to install the equipment. In any case where it is proposed to install surveillance equipment in a private dwelling or on or in any property, the lawful occupiers of the private dwelling or private property must consent. In the case of personal property, such as a motor vehicle, a private investigator may not install surveillance equipment, for example, a tracking device on the vehicle, without the consent of either the owner of the vehicle or the person who has lawful possession of the vehicle.
Private investigators and private investigator employees may not undertake surveillance of an individual if that surveillance is not permitted by the code.
The code does not limit or affect any other enactment. For example, the code does not override the existing law regarding trespass or the use of interception devices. Existing laws continue to apply to private investigators and private investigator employees in the same way that they apply to all other persons.