Page 32 - NCISS Your Advocate April 2021

Restricting Professional Investigator Access to Public Records

associations) testify before committees, and were able to draft the multi-factor permissible purposes language for the
mutual benefit of clients and consumer protection.

What is damaging about these assumptions?
California was one of the first states to announced plans to introduce legislation further restricting their state DPPA,
which is already the strictest in the country. This follows California recently passing privacy legislation which mirrors the
new EU consumer privacy protection laws. One of the most recent stories to be printed - and continuing the false
narrative of millions being made from Professional Investigators on these records - targeted Vermont. Within days the
governor announced he would be taking executive action to ban the access of these records by Professional
Investigators. The state association, Vermont Association of Investigative & Security Services (VAISS) immediately
contacted the governor's office to correct the misinformation and share the important work for the public Professional
Investigators do using various resources of what is public information. Within five days the governor acted as promised,
and the state legislature is drafting legislation to further restrict their DPPA permitted purposes - which includes
prohibiting Professional Investigators. VAISS has also reached out to NCISS for advocacy assistance, and the National
Association of Legal Investigators (NALI) for support. Several states, and Congress, are doing the same - either through
legislation or regulatory rule making.

At times our profession can be our worst enemy, not with any intention - simply from the best of intentions. Whether
trying to help a client or a colleague, there is always the risk our intent and use will be exploited by others - as has been.
Having been in the profession for over 30 years, we have all seen the good and bad books, movies, television, and what
the media can do - also often without intention and often for entertainment. However, there are always unintended
consequences for any manner of the most seemingly benign carelessness or exploitation - and both.

Be professional, and use only professionals and professional resources. There are no shortcuts to professionalism. Also,
be involved with NCISS and your state associations to better ourselves and our profession. Not just for continuing
education, also for state and federal legislative advocacy.

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