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What Powers Does a Private Investigator Have?
Private investigators are increasingly being used to find missing persons, confirm spousal infidelity, or obtain evidence of dishonest activities by competitors. With the help of constantly evolving technologies, they are able to carry out operations using increasingly effective methods. Discover what powers a professional license grants and who, according to the Act on Detective Services, can be licensed to conduct confidential investigations.
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Private Investigator – Who Can Become One?
This profession, along with its associated rights and duties, is clearly defined in Polish legal regulations. The Act of July 6, 2001, the foundational legal document regulating detective services in Poland, outlines the conditions that a candidate must meet to become a private investigator. These requirements include:
- Being at least 21 years old,
- Having secondary or vocational secondary education,
- Holding citizenship of Poland or another EU country (or having the right to work or run a business in the Republic of Poland).
A candidate for a private investigator in Warsaw, or any other region, must also have a good reputation, confirmed by the voivodeship police chief. The candidate must not be under investigation for intentional or tax-related crimes, nor have they been convicted of such offenses. A license to provide detective services will not be granted to individuals who have been dismissed for disciplinary reasons from services such as the Police, Border Guard, ABW (Internal Security Agency), BOR (Government Protection Bureau), SOP (State Protection Service), as well as from the military, prosecution, or court. Additionally, the candidate must possess the required psychological aptitude, confirmed by medical examinations.
What Powers Does a Person with a Detective License Have?
The detective license, highly sought after by many investigators, allows the use of various operational techniques as described in the aforementioned act. A detective license is issued for an indefinite period by the Regional Police Commander of the candidate’s place of residence. If the person does not have a permanent address in Poland, the license is issued by the Capital Police Commander.
The Basic Powers of a Private Detective
The basic powers of a private detective include providing services that involve obtaining, processing, and transmitting information about persons, objects, and events related to the investigation. It is important to note that obtaining this information can only occur based on a contract with the person or entity commissioning the services.
During an investigation, a private detective may only operate in areas not reserved for state authorities (e.g., special services), according to separate regulations. In practice, this means that a licensed detective may, for example, take photographs of the person under surveillance but cannot forcibly enter the person’s home or make an arrest to bring them to a police station.
The detective is also not authorized to carry out operational control, which is reserved for state authorities by law. Courts, for example, question the use of GPS trackers installed in the cars of individuals being monitored or the use of wiretaps by investigators holding a detective license.
Private Detective’s License and Duties
As part of their activities, a licensed private detective is authorized to engage in tasks concerning, for example:
- Searching for missing persons and property,
- Collecting evidence in criminal and civil cases,
- Investigating claims arising from legal relations between individuals,
- Combating unfair competition,
- Infringement or disclosure of trade secrets,
- And other areas of everyday life.
The basic duties of a private detective include adhering to the principles of professional ethics, being loyal to the client, and maintaining reliability and diligence in gathering evidence. A detective must comply with the provisions of the law regulating detective services and other legal acts and refuse to engage in activities that would require breaking those laws. In conducting an investigation, a detective must also refrain from violating human rights and freedoms or disclosing any information obtained to unauthorized persons.
Detective Work in Light of GDPR
A person aspiring to become a private detective must also undergo data protection training. A detective, holding a license, may collect and process personal data without the individual’s consent, but only to the extent necessary for the investigation. The Act on Detective Services thus limits the application of GDPR provisions to some extent, removing the requirement for detectives to inform individuals about the processing of their data while under surveillance.
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