Page 123 - 2023 CIDI Notebook

PI Standards - Licensed and Unlicensed

What defenses does a licensed PI have?

 Are there affirmative defenses specifically to licensed
PIs in statute or regulation?
 If the statute or regulation has a requirement for use
and access, an affirmative defense is created:
 DPPA – so long as the request is for a permitted purpose.
 GLB – so long as the request is for a permitted purpose.
 FCRA – so long as the request is for a permitted purpose.
 Postal COA info – so long as the request is for a permitted
purpose (applies to serving process only).

IMPORANT – the use, access and request by a licensed PI must still be
for a permitted purpose. The initial access is granted due to vetted licensed
status. This may change – get licensed in another state.
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Use of GPS, Drones, Long Range Video
& Photo, etc. – Modern Technologies

 Licensed and unlicensed PIs must still have a legitimate purpose
– and, not be in violation any law or regulation.
 GPS – avoid trespassing, stalking, invasion of privacy, and
other existing statutes.
 Drones – requires separate FAA license and compliance with
local and FAA regulations.
 Zoom Video & Photo – the reasonable expectation of
privacy exists. Just because you can see into a window does
not mean you can.
 Digital Forensics – state and federal laws exist, and are not
reliant on who pays the bills or whose name is on the
account. It is reliant on who is using the device.

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I’ll Get A Warrant!

 NO YOU WON’T!
 Warrants are law enforcement only.
 You may need a subpoena or court order.

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