CHENNAI: Parents use them to spy on their children, spouses use them to keep tabs on their partners, companies use them for background checks on employees while marriage hopefuls try to determine the ‘character’ of their online matches.
With mistrust lurking everywhere, private detectives have never been in more demand. But their job almost depends on stalking their targets and intrusion of their privacy, yet there is not a single statutory regulation for detective agencies.
Following targets or scrutinising college certificates are well-known tactics. But these days private detective agencies use top-class equipment for their work. Some record audio and visual data using high-quality cameras while others embed sources in the target’s workplace or even go to the extent of extracting call records - which is patently illegal, if not an offence. The lack of any formal regulation is giving some detective agencies the confidence to indulge in numerous illegal activities, it is pointed out.
“With technological advancement, snooping has become very easy,” said V M Pandit, ex-president of Association of Private Detective & Investigation (APDI). “In the absence of formal legislation, there are agencies that are resorting to unethical methods that are bordering on criminal. If no legislation is brought in, these activities will only increase.”
Though a Bill was introduced to regulate the sector, it was not passed. The Private Detective Agencies (Regulation) Bill, 2007 was presented in the Rajya Sabha by the then Home Minister Shivraj Patil.
It was later referred to the Parliamentary Standing Committee which submitted its report in February, 2009, but the Bill never became an Act.
“Until there is an Act that is binding on private detective agencies, there will definitely be misuse,” said K Ragothaman, former CBI SP and president of the Tamil Nadu chapter of APDI. “Some agencies use sophisticated gadgets to snoop on targets. Even if I do not use unethical means to gather information, there are innumerable other agencies that will go to any extent to provide a client with information, sometimes even fabricating stories.”
People in the industry agree that lack of regulation is leading to a number of bogus enterprises springing up. They said that people want to make a quick buck by fooling innocent clients with false credentials and fake testimonials. Even those that aren’t fraudulent companies concede to not having a license as it isn’t mandatory. A member of APDI remarked that all one needs is a letterhead and a running website.
“We definitely require regulation,” said the owner of a detective agency on condition of anonymity. “There are illegal activities taking place and it is necessary for us to know the parameters within which we can operate. As of now, we are drawing the line ourselves as to the kind of work we take up but not all organisations do that.”
He said his organisation uses the regular spy equipment like pen cameras, ID card cameras, pen drive cameras and so on that are made in China and are freely available in the market. While the quality of equipment used differs from organisation to organisation, it is safe to say that these agencies do invest a lot in getting good equipment as they rely on it heavily.
A disturbing trend that seems to be demanded by clients and adopted readily by certain detective agencies is the extraction of call records. Explaining how it is done, a detective who did not wish to be named said, “The police officer can get access to the call records (from private telecom companies by using their authority). Some private detective agencies bribe police officials into giving them the records for their clients and it is not at all hard for police officers to extract 10 odd people’s call records.”
There are some like Naman Jain, Managing Director of Sleuths India, who feel it is wrong to believe there is absolutely no regulation that governs such agencies. “It is a misconception that we are free of all laws,” he said. “My company is registered under the Companies Act and we pay service tax under the title of a Private Detective Agency. So that legitimises the profession.”
However, he is quick to add that a separate regulation would be useful. “It is always better to have a formal law governing a sector as it reduces the ambiguity surrounding the space and will stop people from questioning our right to investigate.”