The Role of Privacy Laws in Canadian & American Private Investigation
There is a huge difference in how private investigators conduct services between Canada and the United States. This is mainly due to the difference in our privacy laws. Private Investigators are hired to gather information and conduct investigations for individuals, businesses, and insurance companies. Investigators in each country may face different challenges based on the country’s privacy laws. In this article, we will help you understand the privacy laws in Canada and the USA.
Privacy Laws in Canada
In Canada, privacy laws are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). This legislation sets out the rules for how personal information can be collected, used, and disclosed by businesses and organizations. Private investigators are not exempt from PIPEDA, and they must comply with its provisions when conducting investigations.
Private investigators must keep personal information secure and protected from unauthorized access, use, or disclosure. This includes implementing physical, organizational, and technological safeguards to prevent data breaches or other security incidents.
Under PIPEDA, individuals have the right to access their personal information and request that it be corrected or deleted if it is inaccurate or incomplete. This means that private investigators must be transparent with individuals about how their personal information is being used and must respond promptly to requests for access or correction.
Privacy Laws in the United States
In the USA, privacy laws are governed by a patchwork of federal and state laws. The main federal law governing privacy is the Privacy Act of 1974, which regulates federal agencies’ collection, use, and disclosure of personal information. Private investigators are not subject to the Privacy Act, but they must comply with state and local privacy laws.
Many states have privacy laws that govern the use of personal information by businesses and organizations. For example, California has the California Consumer Privacy Act (CCPA), which gives individuals the right to know what personal information is being collected about them and request that it be deleted. Other states have similar laws that regulate the collection, use, and disclosure of personal information.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects individual health information’s privacy. It requires healthcare providers, health plans, and other healthcare organizations to maintain protected health information (PHI) confidentiality. HIPAA also outlines the rights of individuals to access, amend, and control how their PHI is used and disclosed.
The Role of Privacy Laws in Private Investigation
Privacy laws play an important role in regulating private investigators’ actions and protecting individuals’ privacy rights. By setting clear rules for collecting, using, and disclosing personal information, privacy laws help ensure that private investigators operate ethically and responsibly.
Privacy laws can also pose challenges for private investigators, particularly when conducting sensitive personal information investigations. For example, investigators may need to obtain personal information about an individual’s health, finances, or other private matters to conduct a thorough investigation. In these cases, investigators must balance the need for information with the individual’s right to privacy.
Types of services and the difference between them in Canada and the USA:
Background Checks:
The process and scope of background checks can vary between the United States and Canada, as they are subject to different laws and regulations. Generally, background checks in the United States are often more extensive than those in Canada and may include a wider range of information.
In the United States, background checks may include criminal history, credit history, driving records, education and employment verification, and other personal information. Employers and other organizations must comply with federal and state laws, including the Fair Credit Reporting Act (FCRA), which regulates consumer credit information collection, use, and disclosure.
In Canada, background checks may include criminal history, employment and education verification, and other personal information. Background checks are typically governed by provincial privacy laws and federal laws such as the Personal Information Protection and Electronic Documents Act (PIPEDA).
Skip Tracing:
Skip tracing as a service is very similar in Canada to the United States and Canada. However, there may be differences in how the information is collected and used and the privacy laws that apply.
In the United States, skip tracing may involve accessing a range of public records and other databases. Private investigators must comply with federal and state privacy laws, including the Fair Credit Reporting Act (FCRA) and the Gramm-Leach-Bliley Act (GLBA), which regulate the collection, use, and disclosure of personal information.
In Canada, skip tracing may involve accessing public records and other information sources. Skip tracing in Canada is governed by provincial and federal privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), which regulates businesses’ and organizations’ collection, use, and disclosure of personal information.
The main difference between skip tracing in the United States and Canada may be the scope and depth of personal information that can be accessed. While both countries have privacy laws regulating personal information use, the laws may vary in terms of what information is considered public or private and how it can be accessed and used for skip-tracing purposes. It is important for skip-tracing professionals to be knowledgeable about the applicable privacy laws in their jurisdiction and to comply with these laws when conducting skip-tracing activities.
Surveillance:
The laws and regulations governing private investigators conducting surveillance in Canada and the United States can differ, which may impact the methods and extent of surveillance that can be conducted.
In the United States, surveillance by private investigators is subject to federal and state privacy laws, including the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. In addition, laws such as the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) regulate the interception and access of electronic communications.
In Canada, surveillance by private investigators is governed by federal and provincial privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), which regulates the collection, use, and disclosure of personal information, and the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure.
One key difference between Canada and the United States is the level of judicial oversight required for surveillance. In Canada, private investigators must obtain a court order or other legal authorization before conducting surveillance. In the United States, the requirements for legal authorization may vary depending on the jurisdiction and the type of surveillance being conducted.
What is the difference between Canada and America for obtaining information?
Databases:
The databases private investigators can access in the United States, and Canada can vary, as they are subject to different laws and regulations. In general, private investigators in both countries may have access to various public and private databases that can provide information on individuals, such as criminal records, financial history, and employment history.
In the United States, private investigators may access databases such as LexisNexis, Accurint, and CLEAR, which provide a range of public records and other information. Private investigators may also have access to databases specific to certain industries, such as healthcare or finance.
In Canada, private investigators may have access to databases such as CanLII, which provides legal information and case law, as well as databases specific to certain industries or professions. It is important to note that private investigators must comply with applicable laws and regulations when accessing databases and ensure that they are not violating an individual’s privacy rights or engaging in illegal activities. The specific databases that private investigators can access can vary depending on the province or state in which they are operating and the nature of their investigation.
Consent:
It is also important for private investigators to work closely with their clients to ensure they are aware of the potential privacy implications of an investigation. This includes obtaining informed consent from individuals before collecting their personal information and ensuring that the information collected is relevant and necessary for the investigation.
Ultimately, the role of privacy laws in Canadian and American private investigations is to balance the need for information and the right to privacy. By following best practices and complying with relevant legislation, private investigators can conduct effective investigations while respecting individuals’ privacy rights.
In Canada or America, private investigators must be knowledgeable about privacy laws and ensure they comply with all relevant legislation. This includes staying up to date with changes to privacy laws, conducting regular training for employees, and implementing appropriate policies and procedures for collecting, using, and disclosing personal information.
In Conclusion:
In the United States, licensed private investigators have more legal rights and access to a wider range of information, making investigations easier and quicker. However, in Canada, private investigators must operate within the boundaries of provincial laws and regulations, which can be more restrictive than those in the United States. This requires Canadian private investigators to be resourceful and creative in their investigative approaches while adhering to ethical and legal guidelines. While licensed private investigators in both countries play an important role in uncovering information and solving cases, each country’s different legal and regulatory environments require different strategies and tactics to succeed.
About the Author
Whitney Joy Smith
Founder of The Smith Investigation Agency in 2014, Whitney Joy Smith’s extensive background as a private investigator is matched only by her passion for the role. A graduate of several respected institutions, including Northwest Florida State College and George Brown College, her early years in life were spent between Canada and the United States. This education, along with her formative years as a private investigator in various agencies, informed much of her knowledge of private investigative laws, regulations, and operating standards in both countries.
The recipient of numerous industry awards and accolades, including the Consumers Choice Award, Best in Ottawa, and many others, Whitney takes pride in working closely with her ever-growing agency to raise the bar, maintain compliance, and meet the investigative needs of clients. Whitney is active in various membership and supporting roles, including the CPIRC, CBN, CAPI, Canadian Women’s Chamber of Commerce, and many others. Her experience-driven, thought-provoking articles have been featured in everything from Readers Digest to Business News Daily, and she strives to continually redefine standards for those in the private investigative and security fields. Learn more about Whitney and the team at The Smith Investigation Agency today.
