Introduction
A common question about surveillance cases is, “Can you conduct investigations in X [country, city, region]?” The answer, with very few exceptions, is yes.
With diligent sourcing of local operatives, rigorous case preparation, and an understanding of how legal and privacy frameworks vary across jurisdictions, clients can ensure their cases are investigated effectively in nearly every corner of the globe.
The strategic advantage of overseas investigations
One of the most significant, and consistently underestimated, advantages of investigating overseas is that subjects are far less likely to suspect they will be placed under surveillance. In case after case, subjects who have left the United States operate with a fundamentally different mindset abroad. They believe distance equals protection. They assume that the reach of any investigator, insurer, or attorney ends at the U.S. border. That assumption is wrong, and it works in our clients’ favor.
Because subjects rarely anticipate being surveilled abroad, their behavior is unguarded. Many subjects claiming total disability have been documented working physically demanding jobs as carpenters, exercising vigorously and posting the results to social media, and participating fully in daily life. These results have been obtained across a wide range of locations, including the Netherlands, Italy, Mexico, and India.
How do investigations overseas differ from those in the U.S.?
Surveillance
Whether a subject has returned to their home country, is vacationing abroad, or has permanently relocated, physical surveillance can document behavior that contradicts claims made in legal or insurance proceedings. Overseas surveillance operates on the same fundamentals as U.S.-based surveillance, but the logistics often look quite different.
More situations abroad require two or more investigators. In many countries, two investigators is standard for every case. Common reasons include:
- The subject is going on vacation and has to be followed from the airport, with no way of knowing whether they will travel by rental car, train, taxi, or with someone they know.
- The subject lives in a close-knit community, and there is a higher risk of being noticed by family or neighbors if a single investigator sets up too close to a residence.
- Local traffic does not follow traffic laws as strictly, and the chance of a loss while driving is much higher than in the U.S.
- Investigator safety in more restive areas of the world calls for two or more investigators.
Records and background research
Privacy laws in the U.S. are very different from the rest of the world. Foreign records, including employment, medical, civil, and criminal records, can be significant to a claim if they are available. The United States is one of only a few countries whose municipalities and credit bureaus allow records to be aggregated by centralized background databases and made accessible to investigators. Elsewhere, privacy laws may make certain records unavailable, as is true of criminal records in Canada. For records that are available, one must first know who holds them and how they are retrieved. In regions where digital infrastructure is limited, records may only exist in physical form at local offices or government registries and require in-person retrieval.
It is best practice to run a full background report on individuals who have lived overseas for a significant portion of their adult lives. Some of the most requested regions, by how strict their privacy laws are:
| Less strict | More strict |
|---|---|
| Eastern Europe | European Union |
| Northern / East Africa | The Middle East |
| South America | East Asia |
In some places with stricter laws, records are not impossible to get, but they are considerably more expensive.
Online presence and social media
Social media and digital footprints do not have borders, but they do have their own nuances. Local social networks and regional websites can yield compelling evidence of a subject’s activities, associations, and whereabouts. Knowing regional particularities can help identify a subject who might otherwise not be found.
Examples of regionally popular platforms:
- Douyin — China
- VKontakte (VK) — Russia
- Rubika — Iran
- ShareChat — India
- Mastodon — Germany
Language is also a factor in any investigation where the subject does not speak English, or English is not their first language. Knowing how to identify and work past translation errors and differences in online search conventions is key to a thorough online investigation.
UpStream’s approach
UpStream maintains investigative resources on every major continent and can meet investigative needs in the vast majority of countries, provided the work is legal, practical, and ethically conducted under the laws of the relevant jurisdiction.
UpStream works exclusively within the legal framework of each jurisdiction. We do not ask our partners to cut corners, and we ensure that all evidence gathered overseas meets standards that will hold up in U.S. legal proceedings. Legally compliant overseas investigation is a professional obligation, and it protects the integrity of your case.
Each of our carefully vetted international partners holds the requisite insurance and licensing in their area of operation. We also work with them to understand practices that, while legal locally, may not be viewed favorably by an American judge. For example, in many countries, including the UK and Mexico, it is legal to place a tracker on a vehicle you do not own. We make sure our partners understand this tactic should not be used except by request.
In some countries, investigations, and surveillance in particular, are illegal or allowed only under very specific circumstances. In the United Arab Emirates, surveillance can only be conducted on non-citizens; it is illegal in Iceland and tightly regulated in Japan.
When international investigation should be considered
One of the most common scenarios we encounter is a claimant who files a domestic workers’ compensation, motor vehicle, or general liability claim and then returns to their country of origin or leaves for an extended period abroad.
In civil litigation, it is not unheard of for a party to relocate internationally after a claim or lawsuit has been filed. Whether voluntary or strategic, that relocation does not end the investigative need; it simply changes its geography. Locating a party, serving process through appropriate international channels such as the Hague Convention, and gathering evidence about their current circumstances may all require overseas investigative support.
When a business transaction, partnership, or hiring decision involves a party with a substantially international background, domestic databases are insufficient. Verifying credentials, assessing litigation history, identifying undisclosed relationships, and confirming financial standing all require in-country research by investigators with local knowledge and access.
Key witnesses in U.S.-based litigation sometimes live abroad or travel internationally. Locating those witnesses, confirming their current circumstances, and in some cases supporting the process of obtaining testimony through the appropriate legal channels requires an investigative partner with international reach.
The most common mistake in international investigations is delay. The longer a subject operates overseas without scrutiny, the harder it becomes to gather timely, compelling evidence. International investigations require lead time: engaging partners in foreign jurisdictions, navigating legal requirements, arranging in-person records retrieval, and conducting surveillance in unfamiliar environments all take longer than their domestic equivalents. Early engagement is not just advisable; it is often the difference between a successful outcome and a missed opportunity. We welcome the opportunity to discuss how we can help.