Detectives in Warsaw ›› Cooperation with a Detective Agency
Cooperation with a Detective Agency
Individuals who have never engaged a detective agency may have concerns about the effectiveness of such cooperation, mainly due to a lack of understanding of how it operates and the rights and responsibilities of both parties. To address these concerns, we have prepared some basic information on the detective profession and the nature of cooperation with clients.
Table of Contents
The Act on Detective Services
Let’s start with the basics: what does a detective do according to the law? This information is outlined in the Act on Detective Services of 6 July 2001 (Journal of Laws of 2014, item 273, as amended). It defines detective services as the collection, processing, and transmission of information about persons, objects, and events. A detective operates solely on behalf of a specific client. Furthermore, the act stipulates that a detective’s activities cannot infringe upon areas exclusively reserved for state authorities and institutions (e.g., the police, special services, prosecution).
Detective’s License
Before engaging a detective, it is essential to verify that they possess the appropriate license for this profession. A publicly accessible register of detectives is maintained by the Department of Permits and Concessions of the Ministry of the Interior, where one can confirm whether a given individual holds a license. Additional valuable information may be obtained from the Polish Association of Licensed Detectives.
Documentation of Cooperation
After selecting a suitable detective, the next step is to sign an appropriate written agreement for detective services. An important legal obligation for the detective, when a case involves a criminal or fiscal proceeding, is to inform the authority handling the case about the conclusion of such an agreement. Additionally, such agreements must be retained for five years. The progress of each case relies on cooperation with the client, who must provide the detective with all relevant information and leads related to the case. In turn, the detective should keep the client updated on significant developments and valuable information obtained.
Upon completing the work, the detective is obligated to deliver a report to the client, detailing the subject of the case, actions taken, and facts established. Furthermore, the detective should provide the client with collected materials and evidence that confirm these findings (e.g., photos, recordings, objects, etc.). It is also important to know that detectives are bound by data protection regulations, which require them to destroy any collected personal data not retrieved by or handed over to the client after the case is closed.
The detective is responsible for any damages caused in the course of their work. Additionally, if false information has been provided, clients have the right to pursue civil proceedings. Detectives also have their own rights; they are entitled to keep the sources of information and case details confidential. This confidentiality can only be waived under criminal proceedings.
