Are Covert Investigations Legal?
Posted on 8th February 2021
Are covert investigations legal?
Within the workplace, there is often the need to utilise the resources of covert investigations, but clients are often unaware of the legal position of doing so. The legal position varies slightly from private to public sector. The public sector is regulated by the Regulation of Investigatory Powers at Work Act (RIPA) and the Human Rights Act. These dictate that an authorised officer within the organisation gives consent for covert investigations. This is not a barrier to the investigation, RIPA just ensures that the covert methods are proportional. The private sector is not governed by such legislation, but if an investigation is deemed reasonable for what it is trying to achieve, then such covert methods can legally be employed. This makes choosing the right investigator of paramount importance. It is essential that an investigation is conducted within the confines of the law, so that the evidence collected can be used in court with no objections.
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