Detective work and its legal limits
Hiring a detective agency is a big step for many people. But when you finally want certainty, it is usually the logical decision. Anyone who hires a detective often asks themselves in advance whether this is even allowed.
The answer: Basically yes – but detective work has its limits.
What can a detective do when pursuing a case?
In contrast to official investigators, private or commercial investigators do not have any special rights. Consequently, the private investigator must adhere to the legal provisions. In order to be able to take action at all, the detective needs a so-called legitimate interest.
What is a legitimate interest?
A legitimate interest can always be assumed if the client can credibly demonstrate that the use of a detective is necessary to clarify and enforce their own factual and legal positions.
Without the existence of a legitimate interest, the detective’s respective investigative measure would interfere with the personal freedom or integrity of the target person. But even if there is a legitimate interest, serious interference with the target person’s privacy, such as secret photo and video recordings in the home, is not proportionate. Eavesdropping on telephone conversations is also prohibited, as this authority only belongs to state investigative authorities.
Taking photographs of people in public spaces is generally permitted provided it is within the legitimate interest of the client and is proportionate. During investigative measures, e.g. an observation, only the behaviors related to the clarification of the case, i.e. those of the target person, may be documented. Documentation about roommates, neighbors or companions who are not relevant to the case are not included in the legitimate interest of the client and are therefore not permitted for detectives. If a detective exceeds this limit, he violates the general personal rights according to Art. 2 in conjunction with Art. 1 GG.
For investigators to be able to practice their profession seriously, it is essential that investigators have sound basic legal knowledge.
At PRIMECHECK you can be sure that we know the legal limits and adhere to them, so that you have evidence that can be used in court at the end of your order.
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