Private investigators play a crucial role in uncovering information and gathering evidence in various legal, personal, and corporate matters. However, their actions are not without boundaries, and there are instances where the line between investigation and invasion of privacy can become blurred. 

This raises an important question: Can you sue a private investigator for invasion of privacy? In this blog post, we will explore this topic and shed light on the legal aspects involved.

When you hire an investigations firm like King Investigators in South Africa, you have the assurance that, being registered with the PSiRA, this team of professionals won’t face litigation for invasion of privacy.

This is because this team of experienced, highly trained private investigators go about gathering evidence and information legally, making the evidence you receive at the end of an investigation unquestionable.

Can you sue a Private Investigator for invasion of privacy?

Here, we need to look at exactly what invasion of privacy is, so that you know your rights as someone who may be under surveillance, and that you have peace of mind that King Investigators will never put you in a position like this when you hire them.

Invasion of privacy refers to the violation of an individual’s right to keep personal information or activities private. While the right to privacy is not explicitly stated in South Africa’s Constitution, it is protected under common law and various other legislation, including the Protection of Personal Information Act (POPIA).

Seasoned PI’s such as King Investigators do not break the law in order to gather evidence, under any circumstances, which includes invading anyone’s privacy.

What Can Private Investigators Legally Do?

Private investigators are licensed professionals who operate within the boundaries of the law. They are authorized to conduct investigations and collect information for legitimate purposes, such as background checks, fraud investigations, and uncovering evidence in legal cases. Private investigators can legally:

1. Conduct surveillance within public spaces: Private investigators can observe and document activities that occur in public areas where individuals have no reasonable expectation of privacy. No PI worth his salt will hide on your property to get photos or videos of your activities in your home, however, once you step outside, you no longer have the reasonable expectation of privacy.
2. Conduct interviews and gather information: The team at King Investigators can approach individuals and ask questions to gather information relevant to their investigation. However, they will not be guilty of harassment, trespassing, or intimidation, as set out by the PSiRA. 
3. Use publicly available information: Private investigators can access and use information that is publicly available, such as records from government agencies, court documents, and social media profiles. These are all legitimate sources of information that are open to all; private investigators know how far they can go during this process of collecting information.

When Could You Sue a Private Investigator for Invasion of Privacy?

While private investigators have the authority to conduct investigations, they must operate within the confines of the law and respect individuals’ privacy rights. You could have grounds to sue a PI for invasion of privacy if:

1. Intrusion upon seclusion occurs: This means that if a private investigator invades your private space without permission, such as trespassing onto your property or wiretapping your conversations, it may well give you grounds to sue the PI for invasion of privacy.
2. Private information is disclosed without consent: If a private investigator improperly obtains and discloses your private information without your consent, it may be considered a violation of your privacy rights. For example; a PI may not access phone records without the permission of the person the phone is registered to, and the same goes for email accounts.
3. Surveillance exceeds legal boundaries: Private investigators must adhere to legal limitations when conducting surveillance. If they excessively intrude on your privacy, such as using hidden cameras in your private spaces or tracking your movements without justification, it may be grounds for a lawsuit. As surveillance experts in South Africa, the team at King Investigations has well over a decade’s worth of experience, with boots on the ground, to know what they can and can’t do when it comes to surveillance.

Legal Recourse for Invasion of Privacy

If you believe a private investigator has violated your privacy rights, you have legal options to seek protection and redress. Here are three routes to take in order to remedy the situation:

1. Cease and desist order: You can request a private investigator to stop their intrusive activities through a cease and desist letter, informing them that their actions are infringing on your privacy rights, which would be handled through an attorney. 
2. Damages: If the invasion of privacy has caused you to suffer harm, loss, or emotional distress as a result of the invasion of privacy, you could be in a position to sue for compensation through a civil lawsuit. This is expensive, however, depending on the level of harm, loss or emotional distress, it may be worth it to you personally.
3. Injunction: Where ongoing invasion of privacy is extreme and ongoing, you can apply for an injunction to prevent the private investigator from continuing these intrusions on your privacy.

Choose the right Private Investigator first!

Private investigators such as King Investigators play a crucial role in gathering information, with their actions being conducted within legal boundaries, and in respect to people’s right to privacy.

No private investigator is above the law, and if you’ve found one that is willing to break the law, you could be headed for legal problems of your own. Hiring a private investigator who is not registered with the PSiRA is illegal, aside from which, any evidence gathered unlawfully will be of no value to you in court.

Protecting your privacy in this day and age is a fundamental human right, and if your privacy has been violated by a private investigator, you’d be best served by consulting an attorney who specialises in privacy laws to guide you to the best solution for protecting your right to privacy.

Contact King Investigators to find out more about the integrity, honesty and professionalism that underpins all the investigations undertaken by this team of licensed professionals.