Ms. Vest,
Does the state of Tennessee currently require a private investigator's
license to conduct computer forensics work as a contracted third party
where the evidence will be used in court. Additionally, if the forensic
analyst is called on to testify as a subject matter expert must the analyst then
meet the PI requirement? Thank you for your time and attention.
Best Regards,
Slade Griffin
I didn't expect to get this answer:
Mr. Griffin:
Ms. Vest forwarded your email to my attention for response. Licensing
is required for any individual who performs any of the services outlined
in TCA 62-26-202((6) “Investigations company” means any person who
engages in the business or accepts employment to obtain or furnish
information with reference to:
(A) Crime or wrongs done or threatened against the United States or any
state or territory of the United States;
(B) The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputations or character of any person;
(C) The location, disposition or recovery of lost or stolen property;
(D) The cause or responsibility for fires, libels, losses, accidents,
damages or injuries to persons or to property; or
(E) The securing of evidence to be used before any court, board,
commission, officer or investigating committee.
The Private Investigators Licensing and Regulatory Act does not have an
exclusion or exemption for computer forensic specialists, or digital
forensic investigations. The ony exclusions available are specified
under TCA 62-26-223.
Thank you for contacting this office. Please advise if additional
information is required.
Beth
Beth Smith Bell, Administrative Assistant
Private Investigation and Polygraph Commission
If you are not a licensed private investigator, this doesn't look good. On the plus side, I am going to get my license and a Ferrari.
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