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- Does a detective have the right to wiretap a person under surveillance?
Does a detective have the right to wiretap a person under surveillance?
One of the most common requests a detective agency receives is to gather information about a person, such as a client’s spouse or employee. In many cases, this task could be simplified by installing a listening device. Find out if a private detective has the legal right to plant a bug on someone under surveillance and what current laws indicate about this.
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When would planting a wiretap help a detective’s work?
Detective agencies primarily focus on acquiring information that is not widely known or is intentionally hidden. Gathering such information requires the use of various investigative methods and tools. Among these tools is a wiretap—a miniature electronic device with a microphone and transmitter that allows for listening to and recording others’ conversations without their knowledge.
Wiretaps are widely used by intelligence agencies and the police, and they would undoubtedly aid in detective activities. For example, a private investigator could use them to gather evidence for a client’s case of spousal infidelity or to identify an employee leaking confidential data. However, current laws prohibit detectives from using wiretaps.
Why can't a private detective wiretap?
In Poland, only state services such as the Police, Internal Security Agency, Intelligence Agency, and Central Anti-Corruption Bureau are authorized to set up wiretaps. The Act on Detective Services explicitly states that detectives are prohibited from using methods reserved for these agencies, with violations punishable by fines, restrictions, or even imprisonment. Article 267 of the Penal Code similarly imposes penalties on unauthorized individuals who use wiretaps to gather information, including clients who might attempt to bug their spouses or employees on their own.
How do detectives gather information without wiretaps?
Skilled detectives have the expertise and methods to obtain information without relying on wiretaps. They use a range of investigative techniques, including document analysis, community interviews, and surveillance. Although detectives cannot install recording devices in private spaces, they are permitted to discreetly capture images or record in public areas, providing valuable evidence while adhering to the law.
You can hire a detective to detect wiretaps
While detective agencies cannot plant wiretaps on individuals, they can be commissioned to detect hidden bugs. Wiretapping devices are unfortunately accessible for purchase, and some individuals use them illegally to eavesdrop on partners, business competitors, or officials. Detecting hidden bugs requires specialized equipment, available only to top detective agencies. If you suspect someone may be eavesdropping on you at home or work, a detective can help identify and remove these devices.
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