Alberta PI License flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- SSIA licence requirement
- Alberta's Security Services and Investigators Act requires individuals performing private investigation for hire to hold a valid individual licence issued under the Act.
- Regulator of investigators
- The Alberta Ministry of Public Safety and Emergency Services (Solicitor General) administers licensing and discipline for private investigators under the SSIA.
- PIPA application
- Alberta's Personal Information Protection Act governs collection, use, and disclosure of personal information by private investigators engaged in commercial activity.
- Prohibited police impersonation
- Licensees may not hold out as police officers or use badges, titles, or insignia suggesting police authority; doing so breaches the SSIA and may be criminal.
- Licence conditions
- The regulator may impose terms and conditions on a licence and may suspend, cancel, or refuse renewal for non-compliance or misconduct.
- Criminal record check
- Applicants for an investigator licence must provide a criminal record check as part of character and suitability assessment under the SSIA regulations.
- Surveillance from public places
- Observation conducted from public areas or with consent avoids trespass; entering private property without permission risks civil and criminal liability.
- Contemporaneous notes
- Investigators should record observations at the time or as soon as practicable, capturing date, time, location, subject, and activity in detail.
- Chain of custody
- A documented record of every person who handled evidence, with dates, times, and purposes of transfer, used to prove integrity.
- Pretexting limits
- Obtaining personal information through deception is restricted by PIPA and must not involve impersonating police or government officials.
- Interview documentation
- Statements should be recorded with consent where lawful, and notes must separate verbatim statements from investigator impressions or inferences.
- Digital metadata
- Photographs and recordings should preserve date, time, and location metadata where possible to support authenticity and reliability.
- Preserving originals
- Original evidence should be retained unaltered; working copies are used for analysis to avoid destroying or contaminating the original.
- Hash value integrity
- A cryptographic hash of digital evidence demonstrates that files were not altered after collection and supports admissibility.
- Fact versus opinion
- Reports must clearly distinguish observed facts from opinions, hearsay, and inferences, identifying the source of each statement.
- Evidence logging
- Each item should receive a unique identifier linking photographs, recordings, and documents to the report narrative for traceability.
- Secure storage
- Evidence must be stored securely with access limited to authorized persons to prevent tampering, loss, or unauthorized disclosure.
- Disclosure of notes
- Notes and materials relevant to litigation may be subject to disclosure; destroying relevant records can lead to sanctions.
- No police powers
- Private investigators cannot obtain search warrants, compel statements, or exercise police arrest powers; authority is limited to that of any citizen.
- Citizen's arrest
- Criminal Code s. 494 permits arrest of a person found committing an indictable offence or in fresh pursuit, with prompt delivery to police.
- Reasonable force
- Force may be used only where lawful, such as self-defence or citizen's arrest, and must be proportionate to the threat.
- Interception prohibition
- Intercepting private communications without lawful authority is an offence under Criminal Code s. 184 and is never justified by client instruction.
- Conflict of interest
- Investigators must disclose and avoid acting for clients with adverse interests in the same matter to preserve impartiality and integrity.
- Refusing unlawful instructions
- Instructions requiring trespass, deception, or other unlawful conduct must be refused and the refusal documented for the file.
- PIPA consent
- PIPA generally requires knowledge and consent for collection, use, or disclosure of personal information, unless a statutory exception applies.
- Investigative exception
- PIPA permits collection without consent in limited circumstances, such as investigating a breach or contravention of law, subject to conditions.
- Access and correction
- Individuals may request access to and correction of their personal information held by an organization, subject to PIPA exceptions.
- Retention limits
- Personal information must be retained only as long as reasonably necessary for the purpose, then securely destroyed to limit risk.
- Breach notification
- Where a privacy breach creates a real risk of significant harm, the organization must notify the Commissioner and affected individuals.
- Commissioner oversight
- Alberta's Information and Privacy Commissioner may investigate complaints, issue orders, and recommend penalties for PIPA non-compliance.
- Professional competence
- Licensees must maintain the skills and knowledge required for their work, including continuing education on legal and technical developments.
- Regulatory cooperation
- Licensees must cooperate with inspections, audits, and disciplinary proceedings conducted by the licensing regulator.