Legal framework

LEGAL FRAMEWORK

The private detective profession is regulated by Law 5/2014, of April 4, on Private Security

Article 5. Private security activities

2. Detective offices may provide, on an exclusive and exclusive basis, "Private investigation regarding persons, events or crimes that can only be prosecuted at the request of a party."

Article 19

Private detectives, at the request of natural or legal persons, will be in charge of obtaining and providing information and evidence on conduct or private facts that affect the economic, labor, commercial, and financial sphere and in general Personal, Family, or social life, except those that affect homes or reserved places. Of the investigation of prosecutable crimes only at the request of a party commissioned by those legitimated in the criminal process. Surveillance at fairs, hotels, exhibitions, or similar areas.

Article 37. Private detectives.


1. Private detectives will be in charge of the personal execution of the private investigation services referred to in article 48, by carrying out inquiries concerning people, facts, and private conduct.

4. Private detectives may not investigate crimes that can be prosecuted ex officio, and must immediately report to the competent authority any fact of this nature that comes to their attention, and make available to them all the information and instruments that they may have obtained up to that moment.


Article 48.

private investigation service

FIRST

The private investigation services, in charge of private detectives, will consist of carrying out the investigations that are necessary to obtain and provide, on behalf of legitimate third parties, information, and evidence on conduct or private facts related to the following aspects:

SECOND

The acceptance of the commission of these services by the private detective offices will require, in any case, the accreditation, by the applicant thereof, of the alleged legitimate interest, which will be recorded in the contracting and investigation file that is opened.

THIRD

In no case may the intimate life of people that takes place in their homes or other reserved places be investigated, nor may personal, material, or technical means be used in this type of service in such a way that they violate the right to honor, privacy personal or family or to one's image or the secrecy of communications or data protection.

BEDROOM

In any case, the detective offices and private detectives in charge of the investigations will ensure the rights of their clients concerning those of the investigated subjects.

FIFTH

Private investigation services will be executed with respect to the principles of reasonableness, necessity, suitability and proportionality.

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