The functions of the private Detectives are governed by the law 5/2014, of 4 April, Private security posted in the B.O.E. of the 5 April of 2014 and the law of Civil procedure 1/2000.
Private Security Act 5/2014
Private security features
Article 37. Private detectives.
- Private detectives are responsible for personal execution of private investigation services to which the article refers 48, through the conduct of inquiries concerning persons, events and private behaviors.
- In the exercise of its functions, private detectives will be obliged to:
- to) Make relating to the matters which they have commissioned research reports.
- b) Ensure the necessary collaboration with the forces and security bodies when their professional performances are related to criminal acts or which may affect public safety.
- c) Ratify the content of their research reports to the judicial or police authorities when they are required to do so.
- The exercise of the functions of private detectives will not be compatible with the rest of the staff of private security functions, nor with functions of staff in the service of any public administration.
- Private detectives may not investigate offences prosecutable ex officio, and must report immediately to the competent authority any fact of this nature which came to their knowledge, and putting at their disposal the information and instruments that could have obtained so far.
The offices of private detective services
Article 48. Private investigation services.
- Private investigation services, in charge of private detectives, They consist of the completion of the inquiries that are necessary for obtaining and contribution, authorized third parties, information and evidence on behaviors or private facts relating to the following aspects:
- to) Those relating to the economic sphere, labour, commercial, financial and, in general, to personal life, family or social, except that develops in the homes or reserved places.
- b) Obtaining information which aims to ensure the normal development of the activities that take place at fairs, Hotels, exhibitions, shows, contests, conventions, superstores, local public of big turnout or similar areas.
- c) Carrying out inquiries and obtaining information and evidence concerning only prosecutable offences to request custom-made subjects legitimized in the criminal process.
- The acceptance of the assignment of these services by the offices of detectives allegedly legitimate interest, What shall be recorded in the record of hiring and research that opens.
- In no event is may investigate the private lives of people passed on their homes or other places reserved, or they may be used in this type of services personal media, material or technical ways that infringe upon the right to honour, personal or family privacy or image or the secrecy of communications or data protection.
- In the provision of research services, private detectives may not use or make use of media, vehicles or badges that may be mistaken for those of the forces and security bodies.
- In any case, the offices of detectives and private detectives responsible for investigations shall ensure the rights of its customers with respect of the investigated subjects.
- Private investigation services will be carried out with respect for the principles of reasonableness, need, suitability and proportionality.
Article 49. Research reports.
- For each service that is contracted to them, the offices or private detectives responsible for the matter to be compiled a single report that will reflect the number of registration assigned to the service, the data of the person who in charge and hire service, the object of the contract, Media, results, the detectives involved and carried out actions, the conditions and time limits established by law.
- Research report only shall contain information directly related to the object and purpose of the contracted research, excluding the references, information or data that have been able to find are relating to the client or the researched subject, particularly those in especially protected personal, that they are not necessary or they have no direct relationship with that object and purpose or the legitimate interest alleged for the recruitment.
- The report will be available to the client, to whom will be delivered, in your case, at the end of the service, as well as at the disposal of the competent police authorities for inspection, in the terms provided for in article 54.5.
- Research reports must be kept archived, at least, for three years, without prejudice to the provisions of the article 16.3 Organic law 15/1999, of 13 of December, protection of personal data. The images and sounds recorded during the investigations three years after its completion will be destroyed, unless they are related to a judicial procedure, a police investigation or a disciplinary procedure. In any case, treatment of such images and sounds must observe provisions of the legislation on protection of personal data, especially about the blocking of data referred to in the same.
- Private investigations will be restricted and data obtained through them just may be put at the disposal of the customer or, in your case, judicial and police organs, in the latter case only for a police investigation or a disciplinary procedure, pursuant to article 25.
Article 50. Duty of professional confidentiality.
- Private detectives are required to keep booking on investigations that, and they may not provide data or information about these more than people who entrusted it to them and to the competent judicial and police bodies for the exercise of their functions.
- Only by injunction or police request related to the exercise of their functions in the course of a criminal investigation or a disciplinary procedure, you can access the contents of the investigations conducted by private detectives
REGULATION OF PRIVATE SECURITY (R.D. 2364/1994) SECTION VI.. PRIVATE DETECTIVES. Article 101. Functions.
- Private detectives, at the request of natural or legal persons, they will be responsible:
- Obtain and provide information and evidence on behaviors or made private.
- The research of prosecutable offences only on request on behalf of the entitled in the criminal process.
- Surveillance in fairs, Hotels, exhibitions or similar areas (Article 19.1 the private security Act).
- For the purposes of this article, will be considered behaviors or made private affecting economic, labour, commercial, financial and, in general, to personal life, family or social, except that develops in the homes or reserved places.
- Within the scope of paragraph 1 (c)) are considered covered large supermarkets and the local public of big turnout.
Article 102. Prohibitions.
- Detectives may not carry out investigations into offences prosecutable ex officio, and must report immediately to the competent authority any fact of this nature which come to their knowledge and putting at their disposal the information and instruments that could be obtained, related to such offences.
- In no event may use for their research personal media or technicians which violate the right to honour, personal or family intimacy, the image itself or the secrecy of communications (Article 19.3 and 4 of the private security Act.)
Article 103. Derestriction of investigations. Private detectives are bound to strict secrecy of investigations involved and may not provide information on these rather than people who entrusted it to them and to the relevant judicial and police bodies for the exercise of their functions.
CIVIL PROCEDURE LAW 1/2000
Likewise the article 265.1.5 stipulates that "any claim or contestation must be accompanied" (…) the reports prepared by legally authorized private research professionals, about facts that those supporting its claims. On these facts, If they are not recognized as certain, be practiced witness test".