01/18/2025
People often ask me about "Finding" a long lost relative, or girlfriend, boyfriend wife or husband, and many times I have to turn them down due to a person's right to privacy under federal law.
I can take the case, but I am not allowed to give the client the target's address or phone number without their consent, so I tell them to prepare a letter to the person they want found, which I will deliver once I have located them.
I always advise clients that it is the person's decision whether or not to return contact. Clients often do not want to pay for this and have a hard time understanding the law.
Therefore I am providing the law and rules for this with the hopes that it expands understanding.
The primary federal law regarding privacy and its impact on private investigations is the "Privacy Act of 1974," The Privacy Act of 1974, 5 USC § 552a, which restricts how federal agencies can collect, store, and disclose personal information about individuals, essentially protecting citizens from unwarranted invasions of privacy by government entities; meaning private investigators may face limitations when seeking information from federal agencies about individuals, requiring proper consent or specific legal exemptions to access such data.
Key points about the Privacy Act and private investigations:
Protection of personal information:
The Privacy Act safeguards sensitive personal details like addresses, phone numbers, and financial information held by federal agencies.
Consent required:
Generally, federal agencies cannot release personal information about an individual without their written consent, except in specific circumstances like law enforcement investigations.
Access to records:
Individuals have the right to access their own records held by federal agencies and can challenge inaccurate information.
Other relevant privacy laws that may impact private investigations:
Fair Credit Reporting Act (FCRA):
Regulates how consumer credit reports can be accessed and used, impacting background checks conducted by private investigators.
Electronic Communications Privacy Act (ECPA):
Protects electronic communications like emails and phone records, requiring warrants for access in certain situations.
Children's Online Privacy Protection Act (COPPA):
Imposes strict rules on collecting personal information from children under 13, impacting investigations involving minors.
Important considerations for private investigators:
State laws:
While the Privacy Act governs federal agencies, individual states may have their own privacy laws that also apply to private investigators.
Legal counsel:
Consulting with an attorney is crucial to ensure compliance with privacy laws when conducting investigations, especially when dealing with sensitive personal information.
https://www.privacyworld.blog/summary-of-data-privacy-protection-laws-in-the-united-state
There is another reason that I personally will not provide any contact information to a client without the person's permission. I draw your attention to the case of Rebecca Schaeffer:
On July 18, 1989, at the age of 21, the horrific murder of My Sister Sam actress Rebecca Schaeffer occurred. She died at the hands of a stalker named Robert John Bardo.
What is not widely known is that Robert John Bardo had hired a Private Investigator who provided him with Ms. Schaeffer's address. To which he then went and murdered the young actress.
He went into the Anthony Agency, a Tucson firm that advertises its ability to find missing persons, and showed private investigators a studio publicity photo of the television and film actress, He claimed that Ms. Schaeffer was an old friend and he wanted to find her to give her a present. They did no due diligence that has been revealed, and provided him with the address.
Had they contacted Rebecca Schaeffer and notified her of Mr. Bardo's request she would still be alive, or at least she would know the length that people were willing to go to find her and she could have taken precautions.
This is why My agency will never just hand over someone's address and contact information without the subject's approval.
https://www.latimes.com/archives/la-xpm-1989-07-22-mn-3291-story.html
A 19-year-old "obsessed fan" accused of murdering Rebecca Schaeffer at her Los Angeles apartment house had hired private investigators in his hometown of Tucson to track down where the young actress lived, authorities said Friday.
