Privacy and Legals

Private Investigator GuidelinesPrivate Investigator LegislationPrivate Investigator PoliciesPrivate Investigator Procedures

Private Detective Shop Services

 

Privacy Principals

My Spy private investigators regard customer privacy, confidentiality and security with the utmost importance. My Spy receives and collects your information in accordance with and as required to conduct, purchase and receive products and services and will never disclose your personal information to a third party unless required by law, however other third party associations such as credit card payment facilitators are not bound by our policies and you should refer to their privacy policies. My Spy Shop uses Paymate Payment Gateway to process our credit and debit card payments via their security encrypted gateway. For more information about Paymate, please visit their website at www.global.paymate.com.

 

Private Investigation and Database Information

Investigation case information is acquired and stored as necessary and required to complete the investigation activity and in accordance with industry training, standard practices and applicable laws. Search and database information may be collected and provided by third party data sources including publicly available information, government organisations and businesses in accordance with privacy laws and where third party information is collected in such a manner where the individual would reasonably expect their personal information to be collected.

 

Legal Policy

The content of My Spy websites is intended for the advertising of our products and services and for general information only. My Spy accepts no responsibility for any misrepresentations whilst using our products and services.

We do not provide legal advice and nothing on our websites constitutes legal advice. You should seek professional legal advice if required.

No liability or responsibility is accepted for any loss or ill-consequence as a result of using our websites and or products and services. All products and services offered and provided by My Spy are intended for their correct use only and operation within legal requirements in accordance with state and federal laws and the buyer indemnifies My Spy against any further liabilities. It is the absolute responsibility of the buyer to ascertain and obey any applicable laws and My Spy is not bound to unreasonably carryout extra work without reimbursement of suitable payment for further advice on the suitable use of our products and service and the purchaser should make all reasonable efforts to either conduct their own appropriate research, seek a professional consultation from My Spy at the applicable fee and or seek qualified independent legal advice. By ordering products and services from My Spy, the buyer represents they are of legal adult age that is eighteen (18) years or older.

My Spy’s information is privileged and issued without prejudice and or liability for the general and or personal information of those concerned.

 

Legislation

My Spy private investigators adhere to all legislation required by law including the following New South Wales Consolidated Acts:

- Privacy Act 1988

- Commercial Agents and Private Inquiry Agents Act 2004

- Commercial Agents and Private Inquiry Agents Regulation 2006

Part 12. Condition as to record-keeping

(b)  in relation to each occasion on which the licensee is engaged to carry out that activity:

(i)  the name and address of the person by whom the licensee was engaged, and

(ii)  the nature of the work carried out pursuant to that engagement

- Surveillance Devices Act 2007

Part 2. Regulation of installation, use and maintenance of surveillance devices

7   Prohibition on installation, use and maintenance of listening devices

(1)  A person must not knowingly install, use or cause to be used or maintain a listening device:

(a)  to overhear, record, monitor or listen to a private conversation to which the person is not a party, or

(b)  to record a private conversation to which the person is a party.

(2)  Subsection (1) does not apply to the following:

(a)  the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,

(b)  the installation, use or maintenance of a listening device in accordance with the Telecommunications (Interception and Access) Act 1979, or any other law, of the Commonwealth,

(c)  the unintentional hearing of a private conversation by means of a listening device,

(d)  the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence,

(e)  the use of a listening device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment,

(f)  the use of a listening device, being a device integrated into a Taser issued to a member of the NSW Police Force, to record the operation of the Taser and the circumstances surrounding its operation,

(g)  the use, in accordance with section 50A, of body-worn video by a police officer.

(3)  Subsection (1) (b) does not apply to the use of a listening device by a party to a private conversation if:

(a)  all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used, or

(b)  a principal party to the conversation consents to the listening device being so used and the recording of the conversation:

(i)  is reasonably necessary for the protection of the lawful interests of that principal party, or

(ii)  is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation.

(4)  Subsection (1) does not apply to the use of a listening device to record, monitor or listen to a private conversation if:

(a)  a party to the private conversation is a participant in an authorised operation and, in the case of a participant who is a law enforcement officer, is using an assumed name or assumed identity, and

(b)  the person using the listening device is that participant or another participant in that authorised operation.

(5)  In this section:

authorised operation and participant in an authorised operation have the same meanings as in the Law Enforcement (Controlled Operations) Act 1997.

Note. The definition of participant in an authorised operation includes a civilian participant within the meaning of the Law Enforcement (Controlled Operations) Act 1997.

8   Installation, use and maintenance of optical surveillance devices without consent

(1)  A person must not knowingly install, use or maintain an optical surveillance device on or within premises or a vehicle or on any other object, to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves:

(a)  entry onto or into the premises or vehicle without the express or implied consent of the owner or occupier of the premises or vehicle, or

(b)  interference with the vehicle or other object without the express or implied consent of the person having lawful possession or lawful control of the vehicle or object.

(2)  Subsection (1) does not apply to the following:

(a)  the installation, use or maintenance of an optical surveillance device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,

(b)  the installation, use or maintenance of an optical surveillance device in accordance with a law of the Commonwealth,

(c)  the use of an optical surveillance device and any enhancement equipment in relation to the device solely for the purpose of the location and retrieval of the device or equipment,

(d)  the installation, use or maintenance of an optical surveillance device by a law enforcement officer in the execution of a search warrant or crime scene warrant (including the use of an optical surveillance device to record any activity in connection with the execution of the warrant),

Note. See also section 255 of the Children and Young Persons (Care and Protection) Act 1998.

(d1)  the use of an optical surveillance device by a law enforcement officer in the conduct of a search or inspection (including the use of an optical surveillance device to record any activity in connection with the search or inspection) that is permitted without a warrant under the following:

(i)  the Child Protection (Offenders Registration) Act 2000,

(ii)  the Firearms Act 1996,

(iii)  the Restricted Premises Act 1943,

(iv)  the Terrorism (Police Powers) Act 2002,

(e)  the use of an optical surveillance device, being a device integrated into a Taser issued to a member of the NSW Police Force, to record the operation of the Taser and the circumstances surrounding its operation,

(f)  the use, in accordance with section 50A, of body-worn video by a police officer.

(3)  In this section:

crime scene warrant has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

search warrant means a search warrant issued under:

(a)  any of the following provisions of the Law Enforcement (Powers and Responsibilities) Act 2002:

(i)  Division 2 (Police powers relating to warrants) of Part 5,

(ii)  Part 6 (Search, entry and seizure powers relating to domestic violence offences),

(iii)  Division 1 (Drug premises) of Part 11, or

(a1)  a provision specified in Schedule 2 to the Law Enforcement (Powers and Responsibilities) Act 2002, or

(a2)  Part 3 (Covert search warrants) of the Terrorism (Police Powers) Act 2002, or

(b)  section 40 of the Independent Commission Against Corruption Act 1988, or

(c)  section 17 of the Crime Commission Act 2012, or

(d)  Division 2 or 3 of Part 4 of the Criminal Assets Recovery Act 1990,

(e)  section 79 of the Law Enforcement Conduct Commission Act 2016.

9   Prohibition on installation, use and maintenance of tracking devices

(1)  A person must not knowingly install, use or maintain a tracking device to determine the geographical location of:

(a)  a person—without the express or implied consent of that person, or

(b)  an object—without the express or implied consent of a person in lawful possession or having lawful control of that object.

(2)  Subsection (1) does not apply to the following:

(a)  the installation, use or maintenance of a tracking device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,

(b)  the installation, use or maintenance of a tracking device in accordance with a law of the Commonwealth,

(c)  the installation, use or maintenance of a tracking device for a lawful purpose.

10   Prohibition on installation, use and maintenance of data surveillance devices

(1)  A person must not knowingly install, use or maintain a data surveillance device on or in premises to record or monitor the input of information into, or the output of information from, a computer on the premises if the installation, use or maintenance of the device involves:

(a)  entry onto or into the premises without the express or implied consent of the owner or occupier of the premises, or

(b)  interference with the computer or a computer network on the premises without the express or implied consent of the person having lawful possession or lawful control of the computer or computer network.

(2)  Subsection (1) does not apply to the following:

(a)  the installation, use or maintenance of a data surveillance device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,

(b)  the installation, use or maintenance of a data surveillance device in accordance with a law of the Commonwealth.

11   Prohibition on communication or publication of private conversations or recordings of activities

(1)  A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.

(2)  Subsection (1) does not apply to the following:

(a)  if the communication or publication is made:

(i)  to a party to the private conversation or activity, or

(ii)  with the consent, express or implied, of all the principal parties to the private conversation or activity, or

(iii)  for the purpose of investigating or prosecuting an offence against this section, or

(iv)  in the course of proceedings for an offence against this Act or the regulations,

(b)  if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of:

(i)  serious violence to persons or of substantial damage to property, or

(ii)  commission of a serious narcotics offence.

(3)  A person who obtains knowledge of a private conversation or activity in a manner that does not involve a contravention of a provision of this Part is not prevented from communicating or publishing the knowledge so obtained even if the same knowledge was also obtained in a manner that contravened this Part.

12   Possession of record of private conversation or activity

(1)  A person must not possess a record of a private conversation or the carrying on of an activity knowing that it has been obtained, directly or indirectly, by the use of a listening device, optical surveillance device or tracking device in contravention of this Part.

(2)  Subsection (1) does not apply where the record is in the possession of the person:

(a)  in connection with proceedings for an offence against this Act or the regulations, or

(b)  with the consent, express or implied, of all of the principal parties to the private conversation or persons who took part in the activity, or

(c)  as a consequence of a communication or publication of that record to that person in circumstances that do not constitute a contravention of this Part.

13   Manufacture, supply and possession of listening and other devices for unlawful use

(1)  A person must not:

(a)  manufacture, or

(b)  supply or offer to supply, or

(c)  possess,

a data surveillance device, listening device, optical surveillance device or tracking device with the intention of using it, or it being used, in contravention of this Part.

(2)  In subsection (1), supply includes sell and distribute.

14   Communication and publication of information from the use of a data surveillance device

(1)  A person must not publish, or communicate to any person, any information regarding the input of information into, or the output of information from, a computer obtained as a direct or indirect result of the use of a data surveillance device in contravention of this Part.

(2)  Subsection (1) does not apply to the following:

(a)  to a communication or publication made:

(i)  to the person having lawful possession or control of the computer, or

(ii)  with the consent, express or implied, of the person having lawful possession or lawful control of the computer, or

(iii)  for the purpose of investigating or prosecuting an offence against this section, or

(iv)  in the course of proceedings for an offence against this Act or the regulations,

(b)  if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of:

(i)  serious violence to persons or substantial damage to property, or

(ii)  the commission of a serious narcotics offence.

(3)  A person who obtains information in a manner that does not involve a contravention of this Part is not prevented from publishing or communicating the information so obtained even if the same information was also obtained in a manner that contravened this Part.

 

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