Can Private Investigators Obtain Cell Phone Records?

Private investigators provide a variety of valuable services for clients.  Investigator conduct surveillance, search public records, conduct interviews, and much more.  Many times clients will contact investigators asking for specific things. One thing in particular clients want to secure is phone records from a person they are dating or even potentially an employee.

So can private investigators obtain cell phone records?  Private investigators can obtain cell phone records if the individual signs a release document providing access to their cell phone records. Private investigators can not legally secure cell phone records without a release form.  Lawyers may be able to secure phone records of an individual through a subpoena.

In Colorado, for instance, it is legal for a spouse during a divorce to secure the other spouse’s phone records during the process of divorce through a subpoena. They can all secure emails, and text messages through subpoenas.

No Laws Protecting Consumer Cell Phone Records Until 2006

Private investigators in the past would secure different types of records through the pretexting of institutions like phone companies, and cell phone companies. 

If you would like to read about pretexting laws I have written about them extensively here. It will detail more of the Hewlett-Packard story.

Hewlett Packard Help Create the Telephone Records and Privacy Protection Act of 2006

In 2006 however, a series of events would take place within Hewlett Packard that would lead to the Telephone Records and Privacy Protection Act of 2006. 

Hewlett Packard (HP) had leaks that were taking place within the company and Patricia Dunn who was the HP chairwoman hired a law firm to interview the Directors to determine who was leaking information. The interviews were unsuccessful in revealing who the leaker was. 

An investigation company also known as a data broker was hired. The company was led by two private investigators. The data brokers as previously mentioned would pretext companies to obtain records. This company was hired by HP to secure phone records of employees, journalists, and some boards of directors. 

The records revealed that Director George Keyworth was the leaker along with another member Mr. Perkins. Mr. Perkins resigned however Mr. Keyworth would not.

Due to the way HP conducted its investigation, the Telephone Records and Privacy Protection Act of 2006 was set in place in 2007.  This law indicates you can not buy, sell, or obtain phone records fraudulently.  

Aside from the initial $600,000 judgment against some of the investigators involved in the investigation, former private investigator Bryan Wagner was sentenced to serve 3 months in prison and 2 years under supervisor release.

It should be noted the HP Chairwoman was criminally charged for her role in the incident. In 2007 charges were dropped as it was alleged that the prosecution had a weak case against her and it was also cited that due to the Chairwoman battling cancer.

This investigator believes she may have just had more money and better lawyers to get the case dropped along with other executives within HP.

Final Thoughts on Obtaining Cell Phone Records

The law is pretty clear as to how you can obtain cell phone records legally.  So if a person hires a private investigator to secure cell phone records illegally, you can be certain that not only will the investigator be in legal trouble but the person hiring the private investigator can be liable as well.  

Ignorance isn’t innocence. While the law was murky in 2006 which may have contributed to the HP executives staying out of trouble, the law is very clear now that even buying records obtain legally is against the law.

So again, the two ways to secure phone records legally would be to have a lawyer subpoena the phone records in litigation or get a signed release from the individual you wish to sure the phone records from. 

If you would like to read more about what a private investigator can not do, I have written about it extensively here.