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Private Investigators Prosecuted for using stolen data - Social Welfare Ireland

#1 User is offline   hukildaspida 

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Posted 16 September 2014 - 04:16 PM

This sounds all to familiar to what has gone on in New Zealand at various times in history.

To our Irish fellow human beings that may be reading this, have a look around on this forum under Fraud, Private Investigators & WINZ/ Department of Social Welfare topics & you may find some items of interest, including how some in New Zealand have ensured Private Investigators are now better regulated


How credit unions used stolen data to snoop on customers
Niall O’Connor Political Correspondent

Published 15/08/2014 | 06:24
- See more at: http://www.independe...h.IpekFvzZ.dpuf

http://www.independe...s-30510600.html

CREDIT Unions hired private investigators who used illegal tactics to obtain confidential details belonging to unsuspecting customers across the country, an Irish Independent investigation has revealed. - See more at: http://www.independe...h.IpekFvzZ.dpuf

The investigators, also known as tracing agents, have used false identities to elicit private data from a number of State bodies, including the Department of Social Protection.

The information, which includes addresses and social welfare details, is then provided to credit unions in return for lucrative fees. But department officials who handed out the personal information insist that they were “duped” by the private investigators.

The scandal, which is the latest to rock the credit unions, is now the subject of a major probe by the Office of the Data Protection Commissioner.

Prosecutions are expected to follow which could result in hefty fines for the private detective firms in question.

An Irish Independent investigation can reveal that the names of 468 credit union customers have been crosschecked by the Office of the Data Protection Commissioner with the Department of Social Protection in recent months amid fears their personal information was breached.

Following a lengthy internal probe in the Department, it was confirmed that personal data belonging to 78 customers were provided to private investigators who gave false identities.


For the full story, read today's Irish Independent

Irish Independent
- See more at: http://www.independe...h.IpekFvzZ.dpuf
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Posted 16 September 2014 - 04:17 PM

VIDEO: Credit Union private investigation scandal day 2

Published 15/08/2014 | 18:24


- See more at: http://www.independe...h.ofLOD8wr.dpuf

http://www.independe...2-30511673.html

The second of a series of videos covering the Irish Credit Union private investigators story. Irish Independent news editor Kevin Doyle is joined in studio by Political Correspondent Niall O'Connor and Techonology Editor Adrian Weckler about the inner workings of the Department of Social Protection. - See more at: http://www.independe...h.ofLOD8wr.dpuf
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Posted 16 September 2014 - 04:19 PM

Private investigator to be tried over data breaches in October
Michael J Gaynor alleged to have illegally accessed personal information held by An Garda Síochána


http://www.irishtime...tober-1.1873326



Mon, Jul 21, 2014, 11:47

First published: Mon, Jul 21, 2014, 11:32

A private investigator charged in relation to alleged breaches of data protection legislation will be tried in October.

Michael J Gaynor, trading as MJG Investigations, Beatty Grove, Celbridge, Co Kildare, was before Dublin District Court this morning facing a prosecution by the Data Protection Commissioner.


Mr Gaynor faced 72 criminal charges in relation to alleged breaches of data protection legislation, including illegally accessing and disclosing personal information on individuals held by An Garda Síochána and the ESB.

Data Protection Commissioner Billy Hawkes: The risks involved in the site were “obvious”. Photograph: David SleatorGenealogy site left personal data open to identity thieves, says commissioner

The message displayed on the irishgenealogy.ie site after the civil registration details were removed last Friday. Database on citizens had to be taken down swiftly

It is the first such criminal prosecution of its kind in the State.

Mr Gaynor faces three charges of illegally accessing personal information held by An Garda Síochána and of disclosing it without authority, under the provisions of section 22 (1) of the Data Protection Acts 1988 and 2003.

He faces a further nine charges of illegally accessing and disclosing personal information held by the ESB under the same section of the Acts.

Some 60 charges against him relate to illegally processing the personal data of a number of individuals without an entry in the register held by the Data Protection Commissioner for data processors.

The offences are all alleged to have occurred between May and October 2013.

Counsel for Mr Gaynor, Justin McQuade BL, told the court today the issues had been “considerably narrowed” and that a trial would go ahead on three of the charges.

He said one day would be sufficient to hear the case. Judge John O’Neill set the trial date for October 6th.

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Posted 16 September 2014 - 04:21 PM

Call to speed up regulation of private investigators


Saturday, September 06, 2014
By Caroline O’Doherty

http://www.irishexam...ors-285179.html

The body tasked with regulating private investigators has no target date for introducing regulations despite being set up 10 years ago.

The Private Security Authority says it has begun some groundwork on establishing the nature and scale of the private investigator industry but it is “only at the very initial stages.”

“We are licensing the security industry on a phased basis,” said Pat Gooley of the PSA’s corporate affairs section.

“While the licensing of private investigators does come within our remit, we have not licensed that sector to date. The board are looking at it but no decision has been made yet as to when it will happen.”


The Irish League of Credit Unions has called for the process to be speeded up after some of its members were found to have used private investigators who duped Department of Social Protection officials into providing personal information about people who had defaulted on loans.

A number of private investigators are now being prosecuted by the Office of the Data Protection Commission for illegally obtaining and using personal information.

All credit unions affiliated to the ILCU were issued with fresh directions this week on how to comply with data protection law, as a result of the revelations.

In a statement yesterday it said: “The ILCU has strongly condemned the use of illegal activity by some private investigators and are taking the necessary steps to ensure that no credit union that is using a private investigator or tracing agent is breaking data protection law.”

It added: “It is completely unacceptable that a situation prevails whereby private investigators are not licensed or regulated in this country and we immediately call on Government to rectify this situation.”

The Private Security Services Act 2004 places the regulation of private investigators under the control of the Private Security Authority but a licensing system, eligibility criteria, fee structure and oversight regime has yet to be devised.

“There would be a few other sectors outstanding that we have not yet licensed — such as locksmiths and the providers of safes. We can’t get to them all at one time,” said Mr Gooley.

Bray District Court this week began hearing a case initiated by the Office of the Data Protection Commissioner against private investigators Margaret Stuart and Wendy Martin, trading as MCK Rentals Ltd, who are charged with 23 charges of illegally obtaining personal information from the Department of Social Protection. The case was adjourned to October.

Another case began in Dublin District Court in June against Michael J Gaynor, Trading as MJG Investigations, who is facing 72 counts of breaking the Data Protection Act. That case resumes in November.

© Irish Examiner Ltd. All rights reserved
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Posted 16 September 2014 - 04:24 PM

Tuesday 16 September 2014
Female private investigators accused of 'blagging' personal data for credit unions
Mark O'Regan Twitter

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Published 04/09/2014 | 13:24
- See more at: http://www.independe...h.8Phte5aD.dpuf

http://www.independe...s-30561889.html

TWO female private investigators "blagged" highly sensitive information from State bodies and passed it on to credit unions, a court heard.



Criminal prosecutions begun this morning against private investigators accused of stealing personal data from the Department of Social Protection to help the credit unions track down customers.
- See more at: http://www.independe...h.8Phte5aD.dpuf

These customers had either ignored or missed communications about overdue loan repayments.

The trial follows a lengthy probe by the Data Protection Commissioner into the activities of investigators hired by at least a dozen credit unions.

Among the credit unions involved are Portlaoise, Portarlington and Athy.

Tony Delaney, Assistant Data Protection Commissioner, told Bray District Court that the private investigators company M.C.K. Rentals Limited, and its directors, Margaret Stuart and Wendy Martin face 23 charges.

He said credit unions had hired the company to "trace people" and alleged the information was obtained through "unlawful means."
- See more at: http://www.independe...h.8Phte5aD.dpuf

"They contacted the Department of Social Protection by telephone, misrepresenting who they were," he claimed.

They were "blagging" the person on the other end of the telephone in order to obtain information, he said.

"Other charges relate to obtaining information from the Primary Care Reimbursement Service (PCRS) which is the section of the Health Service Executive (HSE), that handles medical cards and that sort of thing."

By misrepresenting who they were, they were able to acquire "addresses" and then "pass that information back on to credit unions," he said..

It is alleged the company, and the defendants, are in breach of the Data Protection legislation
.

This could carry a potential fine of up to €3,000 on conviction in the District Court.

Margaret Stuart from Newtownmountkennedy, Co Wicklow and co-accused Wendy Martin from Ballybrack, Co Dublin, did not give evidence during the hearing.

Mr Justice William Early adjourned the case until October 6.
- See more at: http://www.independe...h.8Phte5aD.dpuf
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Posted 10 October 2014 - 04:30 PM

Great to see the Irish been so proactive in bringing about these prosecutions involving Private Investigators and breaches of the Data Protection Act.

It must be New Zealand's turn next.

Who is prepared to set a legal precedent?



Private investigators admit ‘blagging’ credit union data

Wendy Martin and Margaret Stuart got personal details from HSE, Department of Social Protection


http://www.irishtime...-data-1.1953874

Two owners of a private investigations company have been convicted of deceptively obtaining personal information from the Department of Social Protection and the HSE and passing it on to credit unions.

Wendy Martin (45) and Margaret Stuart (56), directors of Greystones-based private investigations company MCK Rentals Ltd, todaypleaded guilty at Bray District Court to breaches of the data protection laws.

The two women and the company were charged with 23 counts each of breaches of the data protection legislation.

Ms Martin and Ms Stuart pleaded guilty to one sample charge each of unlawfully obtaining information and passing it to their credit union client. MCK Rentals Ltd pleaded guilty to five related charges.


The defendants were fined a total of €10,500 - €1,500 for each charge - for the breach, which Judge David Kennedy called “a very serious breach of the data protection laws on an ongoing basis and with a certain amount of subterfuge”.

This is the first conviction ever under section 22 of the Data Protection Acts 1998 and 2003, which prohibit individuals from both obtaining access to personal data without the prior authority of the data controller and disclosing that data to another person. The company was prosecuted under section 29 of the Acts.

The court heard credit unions engaged the defendants to locate debtors in arrears. Seven credit unions across the country disclosed clients’ personal information, including PPS number and dates of birth, to the private investigators as a means of accessing further details.

The defendants misrepresented themselves and used a practice known as “blagging” to trick employees of the Department of Social Protection and the HSE’s Primary Care Reimbursement Service into revealing the credit union debtors’ current addresses. The defendants then illegally conveyed this information to the credit unions. The credit unions involved include Tullamore, Portlaoise, Portarlington, Athy, Caherdavin in Limerick and St Mary’s Parish in Limerick.

Assistant Data Protection Commissioner Tony Delaney told the court he discovered the breach while investigating credit unions suspected of obtaining personal data.

Mr Delaney called the scheme a “clever manipulation that relieved the HSE of a vast amount of personal data in all cases”.

Speaking after the trial, Mr Delaney said: “[The Data Protection Commission] is very happy with the outcome that convictions were imposed by the judge both in terms of the company and the directors. It’s the first instance the Data Protection Commissioner has prosecuted directors for their part in the commission of offences by a company, so this is a very significant outcome.

“It’s the first occasion we’ve prosecuted private investigators under the Data Protection Act. And it’s the first occasion “blagging” has been the subject of Data Protection Prosecution.”


The court heard MCK Rentals Ltd still exists but is effectively dormant.

A related case will be tried before Dublin District Court next month. The Data Protection Commissioner will prosecute private investigator Michael J Gaynor, trading as MJG investigations, for illegally accessing personal information from An Garda Síochána and the ESB and disclosing it without authority, again under section 22 of the Data Protection Acts 1988 and 2003. He faces 72 charges.
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Posted 10 October 2014 - 04:34 PM


Ireland: Private Investigators And Company Directors Under The Data Protection Spotlight

Last Updated: 29 September 2014
Article by Philip Nolan
Mason Hayes & Curran

http://www.mondaq.co...ction+Spotlight

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Private investigators are facing increased scrutiny over their compliance with data protection rules. In recent months, the Irish courts have seen two criminal prosecutions concerning private investigators. Following a prosecution in June when a private investigator was charged with over 70 data protection offences, a separate private investigation company and two of its directors now face 23 charges. Considering two prosecutions have been brought in recent months, this may be an area of increasing focus for the Data Protection Commissioner ("DPC"). The case also proves an example of how responsibility for corporate crime in the area of data protection may be attached to individual company directors.

Background


According to media reports, a number of credit unions hired the company to investigate and locate customers who were not responding to communications about outstanding loan payments. The DPC has alleged that the company used unlawful methods to obtain the customers' new contact details and supply the information to the credit unions. The DPC is said to have discovered the matter when investigating the credit unions. In a prosecution brought before Bray District Court, the private investigation company and its directors now face criminal charges under the Data Protection Acts 1988 and 2003 ("DPA").

What are the charges?

The company has been charged under section 22 DPA, which criminalises disclosures of personal data without authority. The DPC has alleged that investigators made telephone calls to the Department of Social Protection and the HSE Primary Care Reimbursement Service (the agency responsible for the administration of medical cards). In the course of these phone calls, it is alleged that the investigators "blagged", or misrepresented, who they were in order to obtain the addresses of the customers under investigation. The company is then said to have provided these addresses to the credit unions.

The directors are separately being prosecuted under section 29 DPA. This is novel prosecution. Under this section, directors and other company officers can be prosecuted in relation to data protection breaches committed by companies under their control. More specifically, the directors are charged with consenting to, supporting, or through their neglect allowing, offences under the DPA to be committed by the company.

The company and directors are being prosecuted in the District Court (the lowest court in Ireland's court system), with a potential fine of €3,000 per offence. However, according to media reports the judge was hesitant to accept that the District Court was the appropriate venue for hearing the case. This suggests that future offences could instead be brought on indictment in front of a jury in the more senior Circuit Court. This could lead to fines of up to €100,000 per offence. Aside from these significant financial penalties, directors convicted in the Circuit Court may also find themselves disqualified from acting as a director of any company under section 190(2) of the Companies Act 1990.


The implications of the case


The prosecution is of interest for two reasons.

First, it shows how, with respect to the private security industry, the DPC is taking an aggressive, prosecutorial approach to enforcement. This seems to be influenced, in part, by the high profile controversies that have emerged in the UK with respect to "phone hacking" and related practices.

Second, the case shows how, in cases of criminal breaches of data protection law, the directors of the company may find themselves facing personal prosecution.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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Posted 10 October 2014 - 04:36 PM

‘Shameful that credit unions gave PPS numbers to private investigators’

Tuesday, October 07, 2014


http://www.irishexam...ors-290221.html

A senior data protection official has described as "shameful and shocking" how a number of credit unions helped private investigators dupe civil servants into handing over citizens’ personal details.


Two private investigators hired by credit unions to track down loan defaulters were yesterday fined a total of €10,500 in the first prosecution of its kind, after pleading guilty to unlawfully obtaining and disclosing protected personal details.

However, it was also revealed that the credit unions gave them personal data, including PPS numbers, which they had no legal right to do.

The credit unions wanted current addresses for members in arrears, but the information they gave out enabled the investigators to make phone calls to civil servants during which a “vast amount” of other data was divulged.

Bray District Court heard Margaret Stuart, 56, and Wendy Martin, 45, of MCK Investigations, Trafalgar Rd, Greystones, posed as officials from the VEC and HSE to obtain data from staff in the Department of Social Protection and the HSE’s medical card section.

Tony Delaney, the assistant data protection commissioner
who took the prosecution, said he believed this practice of “blagging” information was common.

“We’re not naive enough to believe that this is the only private investigator operating illegally,” said Mr Delaney.

“What we intend to do is to pursue this further, particularly with the data controllers concerned such as the HSE and the Department of Social Protection. This sends a strong message to everybody who is in control of large data bases to be mindful of the fact that they could be being attacked on a daily basis.”

However, Mr Delaney was also heavily critical of the credit unions involved — St Mary’s Parish and Caherdavin in Limerick, Tullamore, Portlaoise, Portarlington, Athy, and Monasterevin.

“The credit unions have a lot to answer for in this case and in particular the credit unions who gave out PPS numbers,” he said. “It’s shameful and shocking what they have done to ease the tactic that was going on in this case. Nobody in the credit movement applied any due diligence to the hiring of this particular firm, nobody asked any questions.”

Mr Delaney said it was up to the social protection minister to pursue any credit union that misused PPS numbers, but said he would use whatever powers he had to get credit unions to comply with regulations.

© Irish Examiner Ltd. All rights reserved
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Posted 11 December 2014 - 12:43 PM

Judge finds Michael Gaynor ‘evasive’ and ‘unconvincing’ in evidence

http://piunited.com/...ing-garda-data/

A private investigator has been convicted on two charges of illegally obtaining information from the Garda Pulse system and fined a total of €5,000.

Michael J Gaynor, trading as MJG Investigations, Beatty Grove, Celbridge, Co Kildare, was before Dublin District Court facing a prosecution by the Data Protection Commissioner.

Mr Gaynor (62), a former garda, faced three charges of illegally accessing personal information held by An Garda Síochána and of disclosing it without authority, under the provisions of section 22 (1) of the Data Protection Acts 1988 and 2003.

The Data Protection Commissioner is to carry out an audit of the ESB following its investigation into the use of so-called tracing agents by credit unions. Credit unions failed in checks on private investigator
Assistant data protection commissioner Tony Delaney: ‘very happy with the outcome’. Photograph: Dara Mac Dónaill/The Irish TimesPrivate investigators admit ‘blagging’ credit union data
Assistant data protection commissioner Tony Delaney, who is taking the prosecution against the private investigator. Photograph: Dara Mac Donaill/The Irish TimesPrivate investigator prosecuted for alleged data breaches

He was convicted on two of those charges and fined €2,500 for each offence.

Some 72 criminal charges in total against Mr Gaynor related to alleged breaches of data protection legislation, including illegally accessing and disclosing personal information on individuals held by An Garda Síochána and the ESB.

A total of 69 were taken into consideration in sentencing.

Remy Farrell SC for the Data Protection Commissioner
told the court Mr Gaynor had provided tracing reports to three credit unions – in Balbriggan, Lucan and Citybus Credit Union – on individuals they hoped to take action against for non-payment of debts.

He had allegedly obtained the information from Detective Garda Paul Cullen, a member of the Garda National Immigration Bureau, who had “little cause to be accessing information” on the three individuals concerned between May and October of last year.

The court heard that three tracing reports provided to credit unions contained information such as names, addresses, vehicle registration details and, in the case of one of the individuals, information on a drink-driving conviction.

In the case of each of the three reports, information in them coincided with information accessed on Garda systems a few days earlier by Det Garda Cullen.

Assistant data protection commissioner Tony Delaney told the court when he conducted an interview with Det Garda Cullen at the GNIB headquarters on March 18th 2014 using his powers under the Data Protection Acts, the garda had admitted accessing all the records on the individuals concerned.

After questioning Det Garda Cullen, who was giving evidence for the prosecution, for several minutes, Mr Farrell made an application to have him treated as a hostile witness and this application was granted.

Under questioning, the detective contended Mr Gaynor, with whom had served as a garda for about 20 years, was in fact an “informal informant” who would telephone him from time to time with information about individuals who may be “of interest” to An Garda Síochána.

He said he may have “inadvertently” disclosed information to Mr Gaynor after the private detective contacted him in this context, but that he never provided information directly from the screen in front of him when logged into either the Pulse or GNIB databases.

Mr Cullen said that when Mr Gaynor had given him a name, an address or a car number, he would immediately check them on one of the systems available to him.

“He was offering me information,” the garda said.

He said he did not confirm any information to the private detective other than to tell him it was “not of interest to the gardaí”.

Giving evidence, Mr Gaynor denied obtaining information from Det Garda Cullen and said he had obtained information on the individuals concerned by speaking to other individuals, including neighbours in the case of one of them.

In the case of an individual referred to as LO, Mr Gaynor said he had gained information, including the fact that the person had a previous conviction, from speaking to the person’s former partner.

https://www.irishtim...-data-1.2012999
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Posted 11 December 2014 - 12:46 PM

Credit unions failed in checks on private investigator
Data Protection Commissioner to audit ESB following outcome of investigations into tracing agents


http://www.irishtime...gator-1.2013382


The Data Protection Commissioner is to carry out an audit of the ESB following its investigation into the use of so-called tracing agents by credit unions.

Elaine Edwards

Topics:
News
Crime & Law
Margaret Stuart
Michael J Gaynor
Wendy Martin
Department of Social Protection
ESB

Mon, Nov 24, 2014, 17:22

First published: Mon, Nov 24, 2014, 17:22

Credit unions which hired private investigator Michael Gaynor, who was convicted of unlawfully accessing information held on Garda systems, did not ask what methods he was using to trace people who owed them money, the Office of the Data Protection Commissioner (ODPC) said.

In a statement after Gaynor was convicted of two charges of breaching the Data Protection Acts, the commissioner noted “with disappointment” what it said were a number of failures on the part of credit unions.

“Firstly, the ODPC investigation found no evidence that any Credit Union established from Michael J Gaynor what methods he was using to obtain access to new address information.

Private investigator Michael J Gaynor of Beatty Grove, Celbridge, Co Kildare pictured in July after he appeared before the Dublin District Court on charges of breaking data protection legislation. Photograph: Collins CourtsPrivate investigator fined €5,000 for accessing Garda data
Assistant data protection commissioner Tony Delaney: ‘very happy with the outcome’. Photograph: Dara Mac Dónaill/The Irish TimesPrivate investigators admit ‘blagging’ credit union data

“Secondly, it is particularly disturbing that the trace reports supplied by Michael J Gaynor contained, in numerous cases, substantial details concerning the electricity account of the credit union members concerned.”

The commissioner said that despite the “significant level of detail concerning electricity accounts”, no alarm bells had sounded in the recipient credit unions who “asked no questions of Mr. Gaynor in that regard”.

The office said its own investigation found “no evidence that any credit union had carried out any due diligence prior to hiring the services of Mr Gaynor”.

“This was a serious deficiency.”

For the future, credit unions across the State will be expected to undertake appropriate due diligence in advance of passing on any member’s details to private investigators or tracing agents.”

The commissioner’s office will engage further with the ESB and An Garda Síochána on “the implications of the data security breaches which occurred in their organisations” and on the steps that will be required to deal with those breaches and to prevent a recurrence.

“An Garda Síochána has already been audited by the Data Protection Commissioner (details of which were published earlier this year). A data protection audit of the Electricity Supply Board will be undertaken in the near future.”

The commissioner welcomed the outcome of the prosecution in the Dublin District Court.

It was “a significant investigation and prosecution on several fronts.

It was the first prosecution of a data processor for processing personal data without having an entry on the public register of the Data Protection Commissioner.

The investigation in this case also uncovered access by the defendant to customer data held on databases held by the Electricity Supply Board.

“To access the personal data, the defendant used a staff contact inthe Electricity Supply Board which he had established during his previous Garda career.”

In the case of the defendant’s access to personal data held on the Garda Pulse system and the Garda National Immigration Bureau computer database, the defendant had solicited personal data from these databases using a serving Garda who was known to him from his previous Garda career.

This was also the second completed prosecution in recent weeks related to the private investigations sector.

Last month, two owners of a private investigations company were convicted of deceptively obtaining personal information from the Department of Social Protection and the HSE and passing it on to credit unions.

Wendy Martin (45) and Margaret Stuart (56), directors of Greystones-based private investigations company MCK Rentals Ltd, pleaded guilty before Bray District Court on October 6th to breaches of the data protection laws.

The commissioner said: “These prosecutions send a strong message to private investigators and tracing agents to comply fully with data protection legislation in the conduct of their business and that if they fail to do so, they will be pursued and prosecuted for offending behaviour. A number of other investigations in this sector are ongoing and these may result in future prosecutions.”
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Posted 12 December 2014 - 02:41 PM

Lawyers, banks and insurers to face spot-checks over use of PIs
Niall O'Connor Twitter

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Published 01/12/2014 | 02:30

http://www.independe...s-30786846.html

LAW FIRMS, banks and insurers are to come under serious scrutiny over their use of private investigators, the Irish Independent has learned.

The Office of the Data Protection Commissioner is planning a New Year's blitz on rogue investigators who are suspected of using illegal tactics to obtain personal data belonging to members of the public.

A major probe this year revealed the ease in which private investigators, also known as tracing agents, were able to wrest reams of addresses and PPS numbers from State agencies through the use of false identities.

The investigators in question were operating on behalf of many of the country's credit unions who had hired them to track down customers in arrears.

The Irish Independent can reveal that the authorities now believe the use of rogue investigators is rampant in other sectors of the economy.

Assistant Data Protection Commissioner Tony Delaney
is to carry out a number of "spot checks" in the New Year on law firms, banks and insurance companies.

Mr Delaney has built up a major dossier on activities of private investigators, some of whom are operating on behalf of companies based in other jurisdictions.

He suspects that firms involved in the legal, financial and insurance sectors may be using private investigators to gather personal data.

"It would be remiss of me not to look at other sectors," Mr Delaney told the Irish Independent last night.

"I certainly don't believe this type of rogue activity is confined to credit unions," he added.

Commissioner Delaney this year secured a series of convictions against private investigation firms who were using illegal tactics to obtain personal data belonging to unsuspecting members of the public.

Blagging


His investigation discovered that a number of firms hired by credit unions stole data from the country's biggest spending department through the use of so-called 'blagging tactics'.

The so-called tracing agents, acting on behalf of at least a dozen credit unions, were able to obtain personal data from officials in Department of Social Protection without having to prove who they were.

The department has since pledged a major tightening of its internal control systems surrounding data protection.

But now, Mr Delaney plans to expand his probe to examine whether private investigators in Ireland and the UK are illegally obtaining personal data on behalf of banks, insurance and law firms.

The decision to expand the probe comes as it emerged that the credit unions at the centre of the data protection scandal have stopped using the services of private investigators.

Four of the credit unions were based in Limerick and the remainder operate in Meath, Dublin, Kildare, Laois and Offaly. Mr Delaney told the Irish Independent that he has since warned credit unions against providing the dates of birth of customers to third parties.

The data watchdog secured a series of convictions relating to the credit union scandal this year following two significant court cases.

In October, two female directors of a Wicklow-based firm were fined more than €10,000 for using "subterfuge" to illegally obtain the addresses of customers in arrears. The pair used blagging tactics to infiltrate the Department of Social Protection and the HSE. Some €7,500 of the fine related to their company and the remainder was applied to the two directors.

And last month, private investigator and former garda Michael J Gaynor was fined €5,000 after he was convicted of breaking data protection laws by obtaining private personal information held by gardai and the ESB.

A court heard that credit unions hired the ex-garda to track down bad debtors who were in arrears with their loans.

He provided them with "trace reports" in order to assist them in locating debtors for the purpose of initiating legal proceedings.

Irish Independent
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Posted 12 December 2014 - 03:37 PM

An interesting blog from Law firm Mason Hayes & Curran Technology Law perspective

Private Investigators and Company Directors Under the Data Protection Spotlight
18 September 2014

Mason Hayes & Curran Technology Law Blog

http://www.mhc.ie/la...ction-spotlight

Private investigators are facing increased scrutiny over their compliance with data protection rules. In recent months, the Irish courts have seen two criminal prosecutions concerning private investigators. Following a prosecution in June when a private investigator was charged with over 70 data protection offences, a separate private investigation company and two of its directors now face 23 charges. Considering two prosecutions have been brought in recent months, this may be an area of increasing focus for the Data Protection Commissioner (“DPC”). The case also proves an example of how responsibility for corporate crime in the area of data protection may be attached to individual company directors.

data protection private investigatorsBackground

According to media reports, a number of credit unions hired the company to investigate and locate customers who were not responding to communications about outstanding loan payments. The DPC has alleged that the company used unlawful methods to obtain the customers’ new contact details and supply the information to the credit unions. The DPC is said to have discovered the matter when investigating the credit unions. In a prosecution brought before Bray District Court, the private investigation company and its directors now face criminal charges under the Data Protection Acts 1988 and 2003 (“DPA”).

What are the charges?

The company has been charged under section 22 DPA, which criminalises disclosures of personal data without authority. The DPC has alleged that investigators made telephone calls to the Department of Social Protection and the HSE Primary Care Reimbursement Service (the agency responsible for the administration of medical cards). In the course of these phone calls, it is alleged that the investigators “blagged”, or misrepresented, who they were in order to obtain the addresses of the customers under investigation. The company is then said to have provided these addresses to the credit unions.

The directors are separately being prosecuted under section 29 DPA. This is novel prosecution. Under this section, directors and other company officers can be prosecuted in relation to data protection breaches committed by companies under their control. More specifically, the directors are charged with consenting to, supporting, or through their neglect allowing, offences under the DPA to be committed by the company.

The company and directors are being prosecuted in the District Court (the lowest court in Ireland’s court system), with a potential fine of €3,000 per offence. However, according to media reports the judge was hesitant to accept that the District Court was the appropriate venue for hearing the case. This suggests that future offences could instead be brought on indictment in front of a jury in the more senior Circuit Court. This could lead to fines of up to €100,000 per offence. Aside from these significant financial penalties, directors convicted in the Circuit Court may also find themselves disqualified from acting as a director of any company under section 190(2) of the Companies Act 1990.


The implications of the case


The prosecution is of interest for two reasons.

First, it shows how, with respect to the private security industry, the DPC is taking an aggressive, prosecutorial approach to enforcement. This seems to be influenced, in part, by the high profile controversies that have emerged in the UK with respect to “phone hacking” and related practices.

Second, the case shows how, in cases of criminal breaches of data protection law, the directors of the company may find themselves facing personal prosecution.

Read more:

Can US Law Enforcement Access Information on Irish Servers? – The Microsoft Saga

European Commission Challenges Differential Pricing by Car Rental Companies

Interns and Your Business: What You Need to Know

Minister for Justice Commences Additional Data Protection Provisions

The content of this article is provided for information purposes only and does not constitute legal or other advice. Mason Hayes & Curran (www.mhc.ie) is a leading business law firm with offices in Dublin, London and New York.
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#13 User is offline   hukildaspida 

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Posted 12 December 2014 - 04:08 PM

Private investigator fined €5,000 for unlawfully obtaining personal data
Blog Ireland IP & Technology Law Blog

A&L Goodbody
Davinia Brennan
Ireland
November 25 2014
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http://www.lexology....73-25fd32781808

Davinia Brennan Author page »

Dublin District Court, yesterday, convicted a private investigator on two charges of unlawfully obtaining personal information from the Garda Pulse system and disclosing it to without authority. He was fined €2,500 for each offence.

Pursuant to section 22 of the Data Protection Acts(DPAs) 1988 and 2003, it is an offence to obtain access to personal data without the prior authority of the data controller by whom the data is kept and to disclose the data to another person.

The private investigator allegedly obtained the information from a Detective, and member of the Garda, and used the information to provide tracing reports to three credit unions on individuals they hoped to take action against for non-payment of debts. The tracing reports contained information such as names, addresses, vehicle registration details.

This is the second occasion on which the Data Protection Commissioner has successfully prosecuted a private investigator for breaching the DPAs. It serves, once again, as a warning to private investigators to comply fully with the DPAs in the conduct of their business and that if they fail to do so, they will be pursued and prosecuted for offending behaviour. It also highlights the importance of all businesses who hire private investigators of ensuring that all tracing or other work carried out on their behalf by private investigators is done lawfully.
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#14 User is offline   hukildaspida 

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Posted 12 December 2014 - 04:16 PM

Private investigators fined €10,500 for unlawfully obtaining personal data
Blog Ireland IP & Technology Law Blog

A&L Goodbody
Davinia Brennan
Ireland
October 7 2014
A&L Goodbody logo

http://www.lexology....7d-278ad0469d26

Davinia Brennan Author page »

Bray District Court, yesterday, fined a firm of private investigators, and its two directors, €10,500 for unlawfully obtaining personal data. The court found that the directors had used 'subterfuge' to unlawfully obtain the addresses of credit union clients in arrears. The directors posed as a VEC and hospital worker to obtain the information, via telephone calls, from employees at the Department of Social Protection (seven cases), and the Health Services Authority (HSE) (sixteen cases).

The offences

The Data Protection Commissioner (DPC) prosecuted the firm of private investigators, for twenty-three counts of breaches of section 22 of the Data Protection Acts (DPAs) 1988 and 2003. Pursuant to section 22, it is an offence to obtain access to personal data without the prior authority of the data controller by whom the data is kept and to disclose the data to another person.

The DPC further prosecuted the two directors of the firm for twenty-three counts of breaches of section 29 of the DPAs, for their part in the offences committed by the company. Section 29 provides for the prosecution of directors, or other officers of a company, where an offence by a company is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of the directors or other officers.

Bray District Court imposed a fine of €1,500 for each of seven counts, including five counts on behalf of the company, and one each for both company directors who had pleaded guilty to unlawfully obtaining personal data.

Significance of Prosecutions

A Press Release published by the ODPC, highlights the significance of these prosecutions. It notes:-

They are the first prosecutions to be completed by the DPC against private investigators for breaches of the DPAs.
This is the first time company directors have been prosecuted by the DPC for their part in the commission of data protection offences by their company.
This is the first prosecution by the DPC for offenders using "blagging" techniques.

Comment

The outcome of these prosecutions serves as a warning to private investigators to comply with the DPAs in conducting their business, and for companies who hire private investigators to ensure any work carried out on their behalf is done lawfully. It also shows that the DPC will not hesitate to prosecute directors and other officers of companies for offences committed by their companies. In addition, it demonstrates the risk to the security of personal data which is held by large organisations, and the importance of training staff in order to prevent unlawful soliciting of personal data by private investigators.

The DPC stated that it will be engaging further with the Department of Social Protection and the HSE on the implications of the data security breaches which occurred, and the steps which should be taken to ensure such breaches do not recur.
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#15 User is offline   shulgin 

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Posted 09 January 2015 - 07:51 PM

http://www.stuff.co....s-security-firm
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#16 User is offline   hukildaspida 

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Posted 20 February 2015 - 02:53 PM

Closing date is today 20 February 2015

http://www.psa.gov.i...FD?OpenDocument

15/01/2015: Regulatory Impact Analysis - Licensing the Private Investigator Sector of the Private Security Industry January 2015

The Private Security Authority (PSA) has published a Regulatory Impact Analysis - "Licensing the Private Investigator Sector of the Private Security Industry ”. This process offers private investigators, industry stakeholders, interested parties and the public an opportunity to comment on the Regulatory Impact Analysis.

The document is part of the development process for the licensing of Private Investigator sector. Our aim is to develop a standard which will support the licensing regime and will be relevant to the environment in which these contractors operate. The PSA will announce a timeframe for the licensing of the Private Investigator sector when this process concludes.

The PSA are inviting comments from the security industry and other interested parties on the document. Comments, which should be entitled “Public Consultation” can be sent by;

Email to: [email protected]

Fax to: 062-31731

Post to: Public Consultation

Private Security Authority

Davis Street

Tipperary Town

Co. Tipperary



The closing date for receipt of responses is Friday, the 20th February 2015.


A copy of the document is available here.

Regulatory Impact Analysis
Licensing the Private Investigator Sector of the Private Security Industry


http://www.psa.gov.i...vestigators.pdf
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#17 User is offline   hukildaspida 

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Posted 02 June 2015 - 02:28 PM

Minister's clampdown will see rogue private investigators facing jail
Niall O'Connor Twitter

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Published 28/05/2015 | 02:30

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http://www.independe...l-31259650.html

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Ms Fitzgerald will announce a crackdown on rogue investigators, also known as ‘tracing agents’, as part of a major overhaul of the private security industry

Private investigators operating without a licence face being jailed for the first time under a suite of new measures set to be unveiled by Justice Minister Frances Fitzgerald.

Ms Fitzgerald will announce a crackdown on rogue investigators, also known as 'tracing agents', as part of a major overhaul of the private security industry.

For the first time, firms face being fined or jailed for up to five years if they are found to be operating without a proper licence.

Companies or individuals found to be engaging the services of rogue private investigators will also be sanctioned under the new laws, the Irish Independent has learned.

Central to the minister's proposals is bringing private investigators under the responsibility of the Private Security Authority (PSA), which regulates cash-in-transit and other security firms.

At present, private investigators face very little regulation in this jurisdiction which has led to concern that widespread illegal tactics are being used to obtain personal data.

Illegal


Details of the new laws come just months after the Irish Independent revealed that many of the country's credit unions enlisted the services of firms which in turn stole reams of personal information belonging to unsuspecting members.

Deeply sensitive personal data, including addresses and PPS numbers, were obtained by private investigators who used illegal techniques to dupe State officials.

The private investigators then handed over the stolen data to credit unions in return for lucrative fees.

This newspaper detailed how the unprecedented data protection scandal engulfed a series of major State agencies - including An Garda Síochana, the Department of Social Protection and the HSE.

The investigation, led by Assistant Data Protection Commissioner Tony Delaney, led to a major tightening of controls in Tánaiste Joan Burton's department.

Two Wicklow-based investigators were convicted after being found to have "duped" State officials. It was one of the first cases of its kind.

But after significant consultation with stakeholders, the Government has finally followed the UK and introduced proper licensing laws to clamp down on rogue firms.

Sources close to the Justice Minister said the new laws would significantly improve standards in the industry.

The measures, which will come into effect from November 1, are aimed at ensuring that only those licensed by the PSA will be able to advertise or represent themselves as a licensed private investigator.

If found guilty of an offence, a person can be fined up to €3,000 or imprisoned for up to 12 months.

A conviction on indictment can lead to imprisonment for up to five years or a fine.


Irish Independent
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#18 User is offline   hukildaspida 

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Posted 02 June 2015 - 02:38 PM

Perhaps the NZ Legislation for Private Security Personnel and Private Investigators Act 2010 http://www.legislati...DLM1594432.html should be reviewed and updated to include those persons that have been overlooked and ensure that they are included in been required to be registered in there legislation.

By all means some perhaps should have been included that were not.

Why for instance do the likes of certain supermarket chains not have to ensure there "security/ CCTV watching staff" are licensed because they are employed directly by the supermarket?

There are too many migrants from countries where there's not even such a thing as a Privacy Act or Data Protection Act in there own country doing these jobs in NZ that are on "working holiday or temporary visas" that would never be classified as "fit and proper persons" capable of conducting such a role in NZ.


Minister Fitzgerald announces new Regulations to make licensing of private investigators mandatory from 1 November 2015

http://www.justice.i...ages/PR15000161

28 May 2015

The Minister for Justice and Equality, Frances Fitzgerald, T.D. has today announced that, with effect from 1 November 2015, contractors providing security services as a private investigator will require a license from the Private Security Authority (PSA).

The extension of licensing to private investigators is a major milestone for the PSA, an independent statutory body under the aegis of the Department of Justice and Equality with responsibility for licensing and regulating the private security industry. The Authority has to date licensed contractors in the cash-in-transit, event security, door supervisor, security guarding, installer of security equipment and alarm and cctv monitoring sectors.

Announcing the Regulations which were signed recently, Minister Fitzgerald said

“The licensing of Private Investigators follows two years of development work by the Private Security Authority, including consultation with the industry. During that period, a number of successful prosecutions against Private Investigators have been achieved by the Office of the Data Protection Commissioner following investigation into the activities of Private Investigators. Some of the more undesirable activities and practices of the sector have been highlighted by these investigations and the need for regulation is evident. I am confident that the introduction of these Regulations will raise standards in the sector.”

The Minister, together with the Chairman of the PSA Board and the Chief Executive of the PSA, recently co-signed the necessary Regulation to introduce licensing of private investigators, i.e. S.I. No.195 of 2015. The Minister also signed the necessary Commencement Order, S.I. No. 194 of 2015, which means that it will be an offence for any contractor to offer a service as a Private Investigator without a licence after 1 November 2015.

In addition, only those licensed by the PSA will be able to advertise or represent themselves as a Licensed Private Investigator. It will also be an offence for a person to engage or employ an unlicensed Private Investigator. The Authority maintains a register of both contractor and individual licence holders on its website, www.psa.gov.ie. The registers are a useful tool for business and the public who can ensure that their security provider is licensed by checking the details on the register.



ENDS



Note to Editors:



Private Security Authority


The Private Security Authority (PSA) is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA is an independent body under the aegis of the Department of Justice and Equality. Established under the Private Security Services Act 2004, as amended, the PSA’s main functions are

· the granting and renewing of licences,

· controlling and monitoring the provision of security services.

· the specifying of the standards and qualifications to be observed by those providing security service,

· maintaining a register of licensees.



Section 2 of the Private Security Services Act identifies the following sectors to be licensed by the PSA:

· Door Supervisor

· Installer of Security Equipment

· Locksmith

· Private Investigator

· Provider of Protected Forms of Transport

· Security Consultant

· Security Guard

· Supplier or Installer of Safes



The PSA issues licences to contractors and individual employed in the security industry. The PSA currently licences contractors operating in the Door Supervisor, Installer of Security Equipment, Event Security, Security Guarding, Monitoring Centre and Cash In Transit sectors. 915 contractors are currently licensed to provide security services in these sectors. For the purposes of licensing a contractor includes sole traders, partnerships and corporate bodies providing security services. Individuals working in the Cash In Transit, Door Supervisor and Security Guarding sectors are also required to hold a licence and there are currently well over 26,000 licences issued in these sectors. Both contractor and individual licences are issued for a period of two years.

 

Licensing of Private Investigators:


Licensing of Private Investigators will apply to all private security employers or independent contractors who in the course of a business, trade or profession conducts investigations into matters on behalf of a client and includes persons who:

a) obtains or furnishes information in relation to the personal character, actions or occupation of a person,

B)/>/> obtains or furnishes information in relation to the character or kind of business in which a person is engaged,

c) searches for missing persons,

d) obtains or furnishes information in relation to the loss or damage of property.



Licensing Requirements


In order to obtain a licence a contractor must make an application to the PSA accompanied by the following:

· Licence Fee

· Garda Vetting Form

· Certificate of Compliance with PSA Standard

· Tax Clearance Certificate



Licence Fee:
The licence fee is based on the turnover of the contractor. Where a contractor has no turnover the fee is €1,000. For contractors with a turnover of up to €300,000, the fee is €1,250. Licences issue for two years.



Garda Vetting: All applicants for a licence including directors, shareholders and company secretary of a body corporate are vetted by An Garda Síochána on behalf of the PSA. Persons who reside or have resided outside the jurisdiction are required to submit foreign criminal record certificates. The PSA consider all applications against their Fit and Proper criteria before deciding to grant or refuse a licence.



PSA Standard: All applicants for a licence will have comply with the PSA Standard, PSA Licensing Requirements – Private Investigator (PSA 42:2015), which sets out the mandatory requirements for Private Investigators. The standard includes requirements in the areas of organisation structure, staffing and training, operations and licensing compliance. The PSA will commence the development of a technical standard for Private Investigators following the introduction of licensing.



Tax Clearance Certificate: All applicants must provide the PSA with a valid Tax Clearance Certificate.



Additional Requirements: Corporate Bodies are required to provide a Certificate of Incorporation. Where a business uses a trading name a Certificate of Business Name is required.



Compliance


From the 1st November 2015, it will be an offence to operate as a Private Investigator without a licence. It will also be an offence to represent oneself as a Private Investigator by advertisement or displaying any object purporting to indicate that the holder is a licensed Private Investigator. For both offences a person can be fined up to €3,000 or imprisoned for up to 12 months or both on summary conviction. A conviction on indictment can lead to imprisonment up to 5 years or a fine.



Data Protection

Over the past four years, the Office of the Data Protection Commissioner has investigated the activities of several private investigators from the perspective of the sourcing of personal data about individuals, particularly with regard to tracing. Those investigations uncovered unlawful activity in this sector. Some private investigators sought to unlawfully access personal information held on State databases, such as in Government Departments, and in customer databases in the private sector, such as in insurance companies and utility providers. Last year, the Data Protection Commissioner successfully prosecuted two private investigator entities which had been hired to trace debtors by various Credit Unions in the State. The Office of the Data Protection Commissioner continues to probe the activities of a number of private investigators and it will prosecute further cases if evidence is found of offences under the Data Protection Acts.
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#19 User is offline   hukildaspida 

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Posted 02 June 2015 - 02:41 PM

STATUTORY INSTRUMENTS.
S.I. No. 195 of 2015

PRIVATE SECURITY (LICENSING AND STANDARDS) (PRIVATE
INVESTIGATOR) REGULATIONS 2015



http://www.irishstat...i.2015.0195.pdf
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#20 User is offline   hukildaspida 

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Posted 02 June 2015 - 02:43 PM

Search News



The Private Security Authority


https://www.psa.gov.ie/


Home
About the PSA
Forms
Licence Holders Register
News
Contact Us
Training & Standards
Legislation
Press Releases
FAQs
Licensing Information
PSA Publications
Report Unlicensed Security Services


PRIVATE INVESTIGATOR - LICENSING INFORMATION EVENT


To coincide with the introduction of licensing to the Private Investigator sector, the PSA will host an information session for Private Investigators on Wednesday, the 27th May 2015 in the Clarion Hotel, Liffey Valley, Dublin 22. The session will run from 2.45pm to 4.00pm and will give Private Investigators an opportunity to meet with staff from the PSA, learn about the licensing process and receive details on the mandatory requirements for licensing. The afternoon will begin with a short presentation on licensing followed by a Q&A session. Private Investigators can then discuss any licensing matters with PSA staff.

If you are a Private Investigator we would like to meet you at this event.

---------


http://www.psa.gov.i...oadsVw?Openform

Contractor Download Forms

Contractor 1st Time Application Pack
Contains all forms required for a Contractor Application

Contractor Additional Sector Pack
This pack is for Contractors who wish to add a sector to an existing licence.

Contractor Renewal Pack
This pack is for Contractors who are Renewing their PSA Licence.

Garda Vetting Form & Guidelines
Contains Garda Vetting Form and Guidelines for Completing same (3 pages).

THIS VETTING FORM IS FOR THE PURPOSE OF APPLYING FOR A PRIVATE SECURITY SERVICES LICENCE AND MAY NOT BE USED FOR ANY OTHER PURPOSES. THE PRIVATE SECURITY AUTHORITY DOES NOT VET PEOPLE FOR PURPOSES OTHER THAN A PSA LICENCE.

Information Note On Temporary Licences
Information Note On Temporary Licences

PSA Licensing Requirements - Door Supervision and Security Guarding (PSA 28:2013)
PSA Licensing Requirements - Door Supervision and Security Guarding (PSA 28:2013)

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