Tips To Conduct An Effective Remote Investigation

Published date03 August 2021
Subject MatterLitigation, Mediation & Arbitration, Privacy, Coronavirus (COVID-19), Privacy Protection, Trials & Appeals & Compensation, Operational Impacts and Strategy
Law FirmIndusLaw
AuthorMr Avik Biswas and Rithika Reddy Varanasi

The COVID-19 pandemic has been with us for almost 18 months now, and with India going through intermittent phases of lockdown, all stakeholders have had to quickly adapt to conducting investigations remotely. As we get used to the 'new normal', we have listed out some helpful (hopefully) tips for conducting a remote investigation, irrespective of whether the issues involve workplace harassment, conflict of interest, bribery allegations or a whistle-blower complaint. These tips are by no means beyond reproach. However, these are suggestions that may very well work if they are applied judiciously to appropriate facts and circumstances. The growth in remote working will invariably expand both the number and variety of data sources relevant to investigations. This is also why remote working and data privacy policies must change so that clear expectations can be set for all stakeholders as the policies are regularly tested when remote investigations are conducted.

I. PLAN AND PREPARE

It can often be overwhelming to initiate an investigation as the processes to be followed (whether internal or under law) can seem onerous to begin with. Scheduling preliminary discussions with individuals who are familiar with the background can give the investigator a better understanding of the internal processes. For an investigation on behalf of a company, obtaining a panoramic view of how the organization is structured can sometimes be the key.

II. DATA COLLECTION

As the majority of employers continue their work from home mandates, data collection can very well pose a significant hurdle. Investigators should collate a list of all documents, policies and internal communications that are required and submit requests for such information well ahead of time. More often than not, interviewees will face delays in providing the investigation team with these documents due to the information security constraints they face from working from home. The proliferation of Bring Your Own Device (BYOD) arrangements in organisations will likely make matters more complicated. Interviewees may have privacy concerns as well, and it is imperative that they are assured of the measures taken to protect their privacy. It is no exaggeration to state that concerns about privacy have sometimes resulted in interviewees refusing access to their digital devices.

III. CONDUCTING INTERVIEWS

Traditionally, interviews have always been conducted in person. However, with the on-going pandemic, such interactions...

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