Surveillance or stalking?

Distinguishing between an accredited professional investigator’s surveillance and what may be deemed stalking

Introduction:

Both surveillance and stalking involve observing or following a person's activities. However, the intent, legality, and professional conduct behind these actions differ significantly.

In this article, the Association of British Investigators (ABI) aims to elucidate the differences between accredited professional investigator surveillance, and what could otherwise be deemed stalking, focusing on their definitions, objectives, ethical considerations, and legal boundaries.

Defining the Terms:

1.??????? Accredited Professional Investigator Surveillance:

Professional investigator surveillance by an accredited member of the ABI is a lawful activity. People, companies, or lawyers frequently hire these accredited investigators to gather data about a person or circumstance. This may involve tracking an individual's activities, behaviour, or interactions, often without the subject's knowledge. The purpose can range from fraud investigations and background checks to infidelity cases or locating missing people.

2.??????? Stalking:

However, stalking is an illegal activity that involves an individual or group paying another person unwanted, obsessive attention. This behaviour often involves following the victim, making intrusive contact, or gathering information about the victim without a lawful basis, the individual’s consent, or awareness, causing fear or distress. Stalking is a criminal offence and is considered a serious violation of a person's privacy and safety.

Differences between professional investigator surveillance and stalking:

1.??????? Legality:

Professional investigators should be accredited and follow strict industry applied regulations when conducting surveillance, see, for example, the ABI’s policy & guidance . They must respect privacy laws, such as not trespassing on private property without consent or using illegal methods to obtain information. They are held accountable for their actions and can lose their accreditation for misconduct. On the other hand, stalking, or masquerading as a surveillance service on non-accredited websites, may be an unlawful, if not illegal, activity. Stalkers often disregard the law and the rights of the person they are targeting, causing distress, fear, and potential harm.

2.??????? Intent:

A professional investigator's purpose is to gather factual information to assist in legal, personal, or business matters. Their actions are intended to reveal the truth or provide evidence, and their operations are usually devoid of personal emotions or attachment to the subject. Conversely, a stalker’s intentions are often driven by obsession, control, or the desire to intimidate or harm their victim. Stalking is characterised by the stalker's emotional investment in the victim, which can often be negative or harmful.

3.??????? Ethical Considerations:

Professional investigators must adhere to a strict code of ethics, which includes respecting privacy rights and not causing harm or distress to the individuals they are observing. They must conduct their work with integrity, honesty, and professionalism. Stalkers, however, violate these ethical considerations by infringing upon an individual's privacy rights, causing fear, distress, and possibly physical harm.

Conclusion:

While both professional investigator surveillance and stalking involve observing and tracking an individual, they differ significantly in their legality, intent, and ethical considerations. Understanding these differences is critical to distinguishing between the lawful, professional conduct of accredited investigators and the illegal, harmful behaviour of stalkers.

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