338.822 Definitions.
Sec. 2.
As used in this act:
(a) "Certified public accountant" means a person licensed as a certified public accountant under
article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 339.736.
(b) "Computer forensics" means the collection, investigation, analysis, and scientific examination
of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage
media, or electronic networks, or any combination thereof.
(c) "Department" means the Michigan department of labor and economic growth.
(d) "Insurance adjuster" means a person other than a professional investigator who, for a consideration,
engages in the activities described in subdivision (e) in the course of adjusting or otherwise participating in the disposal
of claims under or in connection with a policy of insurance. Insurance adjuster includes any of the following:
(i) A person who is employed on a salary basis by an insurance company.
(ii) A person, firm, partnership, company, limited liability company, or corporation who acts
for insurance companies solely in the capacity of an independent claim adjuster while performing within that capacity.
(iii) A person, firm, partnership, company, limited liability company, or corporation engaged
in the business of public adjuster acting for claimants in securing adjustments of claims against insurance companies and
who does not perform investigative services including, but not limited to, surveillance activities.
(e) "Investigation business" means a business that, for a fee, reward, or other consideration,
engages in business or accepts employment to furnish, or subcontracts or agrees to make, or makes an investigation for the
purpose of obtaining information with reference to any of the following:
(i) Crimes or wrongs done or threatened against the United States or a state or territory of
the United States, or any other person or legal entity.
(ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, trustworthiness,
efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character
of a person.
(iii) The location, disposition, or recovery of lost or stolen property.
(iv) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to
persons or property.
(v) Securing evidence to be used before a court, board, officer, or investigating committee.
(vi) The prevention, detection, and removal of surreptitiously installed devices designed for
eavesdropping or observation, or both.
(vii) The electronic tracking of the location of an individual or motor vehicle for purposes
of detection or investigation.
(viii) Computer forensics to be used as evidence before a court, board, officer, or investigating
committee.
(f) "Licensee" means a person licensed under this act.
(g) "Professional engineer" means a person licensed under article 20 of the occupational code,
1980 PA 299, MCL 339.2001 to 339.2014, as a professional engineer.
(h) "Professional Investigator means a person, other than an insurance adjuster who is
on salary and employed by an insurance company, who for a fee, reward, or other consideration engages in the investigation
business.
A
person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a penal fine
of not more than $5,000.00, or both.
Before you hire someone to do a computer forensic examination - Make sure
they are licensed !!
