LEGAL FRAMEWORK

Are Private Detectives: all those who have a TIP, regardless of whether they work as self-employed, owners of office, members of societies, associated or dependent.

 

Are Offices of Private Detectives: all detectives and societies that provide services for their own account (for what must have log book). From some time ago, the Spanish Police is spreading TIPs to people who have finished their studies but who are not practicing professionally. To the extent that these people have not filed a registration book, these people should not be considered as Offices of Private Detective.

 

The functions of the Private Detectives are governed by the Law 5/2014, of 4 April, Private Security, published in the Spanish Official Gazette of 5 April 2014 and by the Civil Procedure Law 1/2000.

 

Private Security Act 5/2014

CHAPTER II - Functions of private security

Article 37. Private Detectives.

 

  1. Private detectives will be responsible for the implementation of the services of private investigation referred to in Article 48, through the conduct of inquiries in connection with people, facts and private behaviors.

 

  1. In the exercise of their functions, the private detectives will be obliged to:

 

  1. a) Make the research reports relating to persons responsible.
  2. b) To ensure the necessary collaboration with the Security Forces and Bodies when their professional performances are related to criminal acts or which may affect the citizen security.
  3. c) Ratify the contents of their research reports before the judicial or police authorities when required to do so.

 

  1. The exercise of the functions corresponding to the private detectives will not be compatible with the functions of the rest of the private security personnel, nor to the functions of the personnel at the service of any Public Administration.

 

  1. Private detectives will not be able to investigate offenses prosecuted ex officio, shall immediately report to the competent authority any act of this nature that will come to their knowledge, and by making available all the information and the instruments that could be obtained up to that time.

 

CHAPTER III - Services of the offices of private detectives.

Article 48. Private investigation services.

 

  1. The services of private research, in charge of private detectives, will consist in the implementation of the investigations which are necessary for the achievement and contribution, on behalf of third parties entitled, information and evidence on behaviors or private acts are related to the following aspects:

 

  1. A) Relating to the economic, labor, commercial, financial, and, in general, to the personal, family or social life, except that is developed in the homes or places reserved.

 

  1. B) Obtaining information which aims to guarantee the normal development of the activities that take place in trade fairs, hotels, exhibitions, shows, festivals, conventions, large shopping malls, local public attendance or similar areas.
  2. C) The conduct of investigations and the collection of information and evidence relating to crimes can be prosecuted only at the request of a party on behalf of the subject legitimized in the criminal process.

 

  1. The acceptance of the assignment of these services by the offices of detectives legitimate interest claimed, which shall be recorded in the record of recruitment and research that is open.

 

  1. In no event shall investigate the intimate life of the people that take place in their homes or other places reserved, or may be used in this type of personal media services, materials or technical in such a way that violate the right to honor, to personal or family intimacy or personal image or secrecy of communications or to data protection.

 

  1. In the provision of the services of research, private detectives will not be able to use or make use of media, vehicles or flags that can be confused with those of the Security Forces and Corps.

 

  1. In any case, the offices of detectives and private investigators in charge of investigations shall ensure the rights of their clients with respect to the subjects investigated.

 

  1. The services of private investigation will be carried out with respect for the principles of reasonableness, necessity, appropriateness and proportionality.

 

Article 49. Research Reports.

 

  1. For each service that is contracted, the offices or private detectives in charge of the matter shall produce a single report that would reflect the registration number assigned to the service, the details of the person responsible and hires the service, the subject matter of the procurement, the media, the results, the detectives involved and the actions carried out under the conditions and deadlines by regulations.

 

  1. In the research report only shall contain information directly related to the object and purpose of the contract research, without including the references, information or data that may have been identified relating to the customer or to the subject investigated, in particular that of a specially protected, which are not necessary or that are not directly related to the object and purpose or with the legitimate interest claimed for recruitment.

 

  1. This report shall be made available to the customer, who will be given, as the case may be, at the end of the service, as well as to the disposal of the police authorities for inspection, in the terms set forth in Article 54.5.

 

  1. The research reports must be kept on file for at least three years, without prejudice to the provisions of article 16.3 of the Law 15/1999 of 13 December on the protection of personal data. The images and sounds recorded during the research will be destroyed three years after its completion, unless they are related to a judicial proceeding, a police investigation or an infringement procedure. In any case, the treatment of these images and sounds must observe the established in the regulations on the protection of personal data, especially on the blocking of data referred to in these.

 

 

  1. The private investigations shall be confidential and data obtained through the same can only be put at the disposal of the client or, as the case may be, of the judicial and law enforcement bodies, in the latter case only for a police investigation or for an infringement procedure, as provided for in article 25.

 

Article 50. The duty of confidentiality.

 

  1. Private detectives are obliged to keep the investigations conducted, and will not be able to provide data or information on these rather than to the people who are entrusted and to the judicial and police authorities for the exercise of their functions.

 

  1. Only through judicial or police request in connection with the exercise of its functions in the course of a criminal investigation or an infringement procedure will be able to access the contents of the investigations carried out by the private detectives.

 

Private security regulations (Royal Decree 2364/1994) SECTION VI. Private Detectives. Article 101. Functions.

 

  1. Private detectives, at the request of natural or legal persons, will be responsible for:
  2. To obtain and provide information and evidence on behaviors or private acts.
  3. The investigation of crimes to be prosecuted only at the request of a party on behalf of the legitimized in the criminal process.
  4. Monitoring at trade fairs, exhibitions, hotels or similar areas (article 19.1 of the Law on Private Security).

 

  1. For the purposes of this Article, shall be regarded as private acts or behaviors that affect the economic, labor, commercial, financial, and, in general, to the personal, family or social life, except that is developed in the homes or places reserved.

 

  1. Within the scope of paragraph 1.c) are considered to fall, large-scale commercial and public buildings in large turnout.

 

Article 102. Prohibitions.

 

  1. The detectives will not be able to perform research on crimes prosecuted ex officio, shall immediately report to the competent authority any act of this nature that will come to your knowledge and putting at your disposal all the information and the instruments that could be obtained, related to such crimes.

 

  1. In no case may be used for your personal or technical research means that violate the right to honor, to personal or family intimacy, to the image itself or the secrecy of communications (article 19.3 and 4 of the Law on Private Security.)

 

Article 103. Reserved character of the investigations. Private detectives are bound by strict confidentiality of investigations carried out and will not be able to provide data on these rather than to the people who are entrusted and to the judicial and police authorities for the exercise of their functions.

 

 

 

CIVIL PROCEDURE LAW 1/2000

As well same Article 265.1.5 provides that "any claim or defense shall be accompanied by (…) the reports prepared by private research professionals legally enabled, on those relevant facts in support of their claims. On these facts, if not recognized as certain, testimony".

 

Principio del formulario

CIVIL LIABILITY OF THEIR CLIENTS FOR THE USE OF THEIR REPORTS

Who ask for reports to the detectives must use them for legitimate purposes, such as the necessary knowledge of the address and phone number of your customers or persons to save another relationship, for its location in a timely manner in order to put claims or other communications.

Final del formulario

By the mere fact of making these reports and use them for the purposes set out, the customers of private detectives will not incur civil liability.

 

TREATMENT OF THE DATA

The reports of private detectives are strictly confidential and are not public access sources for the purposes of the processing of their personal data, including them in computer databases or documentaries without the consent of those affected.

The content of the reports cannot be transferred to third parties, as these general acts would constitute violations of the Law 15/1999, on the Protection of Personal Data, strongly punishable by the Data Protection Agency, and, in addition, could result in damage to the affected which would be eligible to claim by way of civil liability.