A reputable private detective does not accept every assignment. Professional investigators weigh up the interests of everyone involved.
Just like private individuals, employees of a detective agency must adhere to the law.
A wrong idea
Many people imagine the everyday working life of a detective to be particularly action-packed and exciting.
But in everyday professional life, the job of investigators is usually much less adventurous.
Regardless of whether detectives are on the trail of alleged adulterers, cheaters of alimony payments or employees who constantly celebrate sick, taking legal regulations into account plays a very important role for investigators.
No claim to special rights
However, detectives are civilians with public rights who are not entitled to any special rights. A private investigator has no specific legal options for invading other people’s privacy, recording conversations, or hacking digital accounts. When carrying out their professional activities, detectives usually walk a fine line.
Although the investigators are supposed to fulfill the investigative tasks, they still have to take laws, regulations and legal frameworks into account. Experience has shown that detectives are only allowed to operate in a strictly legally regulated area.
Limited options for action
In everyday professional life, investigators are not free to gain access to the respective apartment when conducting surveillance on people. The detectives are allowed to look into cars or handbags, but are not allowed to reach into them. You can also testify afterwards about what you saw without ever having touched the objects.
The legal framework for private detectives is based primarily on the Basic Law.
The personal rights enshrined in Article 2 of the Basic Law are of particular importance. Professional detectives refer to this requirement as framework or source law. With every assignment, the detectives are asked to weigh up the respective interests related to the assignment. The purpose of the action as well as the type of intervention affect this.
Details on the documentation of the cases
A common point of contention is the documentation of cases. As part of their professional activities, investigators must document the facts of the case in detail. When taking photos, private detectives are not allowed to violate the personal areas of life of the people under observation. If this regulation is violated, investigators may even face fines or imprisonment.
In addition, detectives should always keep in mind that recordings of people or certain situations may only be used as evidence if certain conditions are met, such as legitimate interest.
Valid reasons for an assignment
If a client hires a detective, there are usually valid reasons for this decision. Customers must have a legitimate interest to contact a detective agency. In return, detectives are obliged to document the legitimate interest taking into account the GDPR – the European General Data Protection Regulation. This regulation has been in effect since 2018.
To comply with the regulation, detectives must adhere to certain regulations.
If the investigators violate the guidelines for finding evidence, the evidence automatically loses its validity in court.
Significant suspicions
In order for a detective to “protect legitimate interests,” there must be meaningful suspicions. Serious investigators cannot simply accept any assignment. Otherwise, anyone could be spied on for no good reason. The rules are strict so that stalkers don’t have an easy time of it.
If there are no solid reasons for suspicion, bosses could simply spy on the private lives of their employees or neighbors. But a simple investigation out of pure interest must of course be avoided.
Reasons for reasonable suspicion
However, there is sufficient suspicion if suspicious bookings or accounting irregularities occur in a company. This also applies in the case of legitimate reasons for adultery or suspicious account movements on the private account.
But it’s not just detective agency employees who have to comply with the GDPR guidelines.
The same also applies to employers. All parties involved are liable in the event of a violation. This makes it all the more important that customers hire a reputable detective. In case of doubt, this expert can check whether the legitimate interests of one’s own clientele or the personal rights of the person being observed outweigh. These steps should already be documented by the detectives. This information is also legally relevant in the course of the investigation.
Many proven investigation methods
Today, customers benefit from a wide range of investigation methods. Reputable detectives are available to answer questions from their clients about the investigative methods used and how data is collected, secured or passed on. At the same time, the investigators inform their clients about the limits of private investigations. A reputable company only employs well-trained detectives.
In order to meet this requirement, a certain company size is required. The detectives themselves are another indication of high quality. In addition to good training, professional investigators regularly take part in further training courses. Skilled and experienced detectives are able to only take steps that are safe from legal concerns.
Basics of a neutral investigative activity
From the start of the investigation, a reputable detective acts neutrally on all sides. In their everyday work, investigators look for exculpatory and incriminating evidence. This strategy ensures that evidence provided during the investigation is actually admissible in court.
A neutral investigation is essential in order to get to the truth as professionally as possible.
However, a detective can only meet these high requirements if all legal framework conditions are taken into account.
Investigations – just not on your own
If affected companies or private individuals want to avoid hiring a detective, they often exceed the legal framework due to insufficient knowledge. However, if they find incriminating evidence, this knowledge is worthless in the event of a legal dispute.
For this reason, those affected are well advised to contact professional detectives right from the start.
2024-05-09 01:48:42