Can a private investigator get phone records, bank statements, or messages?

What people ask for

The request usually comes in one of a handful of forms. Someone wants to see who their partner has been calling or messaging. A creditor wants a debtor’s bank balance before deciding whether to sue. An employer wants to read a departing employee’s personal email to see whether files went with them. A parent wants a child’s messages.

These requests involve other people’s private information. An investigator has no special entitlement to it. Lawful routes may include a person providing their own records, valid authority to act for them, or disclosure through a court or another authorised process.

Why an investigator cannot bypass the rules

Several legal rules may apply to private records. Liability depends on the conduct, authority, and relevant statutory requirements; a client can also face consequences for commissioning unlawful access.

Obtaining personal data without authority. Section 170 of the Data Protection Act 2018 creates offences concerning knowing or reckless obtaining, disclosure, or retention without the relevant controller’s consent, subject to statutory exceptions and defences. Impersonating an account holder is not a legitimate shortcut. A deception may also engage other offences where their requirements are met.

Accessing an account or device. Knowingly accessing someone’s email, cloud account, or phone without lawful authority can be an offence of unauthorised access under section 1 of the Computer Misuse Act 1990, whether it is done by guessing a password, using one you happen to know, or installing software on the device. Knowing the password does not make the access authorised.

Intercepting communications. Intercepting communications without lawful authority can be an offence under the Investigatory Powers Act 2016. Private investigators cannot use public authorities’ statutory powers to obtain communications data. That is different from an account holder obtaining their own billing records.

A suspicion of wrongdoing does not, by itself, authorise access. Knowing a password, paying a bill, or being married to the account holder does not establish permission to use their private account.

What happens if someone does it anyway

Unauthorised collection can lead to criminal investigation, civil claims, and difficulties using the material in proceedings. Courts control evidence, and the outcome is not determined solely by whether the information appears relevant. Seek legal advice before making further copies or sharing disputed private material.

The client is also exposed in a more direct way. An investigator who will break the law for you holds the evidence that you asked them to.

What the law does allow

Start with the question you need answered and the authority available to obtain information.

• Disclosure in proceedings. Disclosure duties and applications depend on the type of case and the court’s directions. A solicitor can advise whether a party or third party may be required to provide particular records; there is no automatic entitlement to every document you want.
• A court order to identify someone. Where you know what was done but not who did it, a solicitor can apply for an order requiring a platform or provider to hand over the account holder’s details. Our online impersonation guide covers when this is worth pursuing.
• What is public. A surprising amount can be established without touching a private record: where someone lives and works, what companies they direct, what property they own, what they have said and shown in public, who they associate with. This is open-source intelligence, and combined with lawful surveillance it may help answer some of the questions behind a request for private records.
• Records you are entitled to provide. You may give an adviser records you lawfully hold, subject to any confidentiality or court restrictions. A properly authorised representative may help request information on your behalf. Employers still need to assess privacy, authority, and data protection before examining work systems.
• A subject access request. You can ask an organisation for your personal information. This does not entitle you to someone else’s complete records, and exemptions or redactions may apply. See the ICO’s subject access guidance.

What the question usually means

When someone asks us for private records, we ask what they need to establish. Public records, information supplied with proper authority, and appropriately scoped enquiries may answer some of those questions. Other questions remain unresolved without a legal disclosure process.

A matrimonial instruction, for example, is normally scoped around observation on specific dates and a review of what is publicly visible, rather than around anything the other party has typed. Our matrimonial page sets out how that is kept proportionate.

How to spot a firm that will break the law

Be cautious of anyone offering another person’s private records without explaining the lawful authority and source. Claims of secret contacts inside a bank, telephone provider, or public body are a serious warning sign. A legitimate firm should distinguish authorised access from intrusion. Our page on choosing an investigator lists other checks.

This is general guidance within the scope identified above. It is not legal advice and does not take account of your circumstances. Before a legal, employment, or court-related decision, seek advice from a solicitor in the relevant jurisdiction. Harwick provides investigative services; legal advice is a separate professional service.

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