Private detectives were prohibited from spying on citizens with using special equipment.
The law amending the in documents on private security and detective activities. «Custom» detectives are subject to many restrictions, especially on the use of smart surveillance technology.
It just seems like there are Sherlock Holmeses and other Mrs. Marples anywhere but here. In Russia, according to various sources, over 200 thousand people are engaged in private investigation, and on a legal basis.
The essence of the requirements of the new law, approved by the Federation Council on December 17 last year, — in strict government control and regulation of detective activities. Private detectives were required to undergo professional rather than abstract «special» preparation. If previously a detective could become, say, a graduate of a regular military school, for example, an infantry, artillery or flight school, now a diploma of completion of a specialized educational institution, even a private one, is required. The recording must clearly indicate that you are a detective, and not a sapper or flight engineer. Otherwise, you won’t see the license.
For those who violate the requirements of the law, penalties have been sharply tightened. Now for exceeding his powers or other violations «self-made» the detective could go to prison for up to seven years.
What kind of violations could these be? A lot of them. In fact, the detective is prohibited from almost everything that allows the detective to effectively perform his duties — in an operational sense. For example, use special equipment for monitoring, eavesdropping or scanning conversations. God forbid they catch such a detective with a listening «bug» or hidden camera. Even a police officer «on duty» needed for «technical» surveillance is authorized by the prosecutor. Otherwise, you can sit down for a long time, like other law enforcement generals.
Or, worst of all, they will hire such a detective for unauthorized entry into someone else’s home.
And he is even more forbidden to use weapons and physical force. Only if there is an urgent need for self-defense. But this is on a general, civil basis. Experience suggests that the court is unlikely to perceive the professional activities of a private detective as mitigating circumstances. Quite the opposite. ,p>And also — Detectives are required to share operational information with the police at all times. If a detective conceals something serious, especially in a case of a high-profile crime, then he may well be brought to justice, including criminal liability. ,p> What is important, a private detective does not have the right to use «crusts» state intelligence services or introduce yourself as an employee of any «bodies». Moreover, current police officers, security officers, investigators from the prosecutor’s office and other law enforcement officers are prohibited from working in private detective agencies. Do you want to become Holmes — take off your shoulder straps.
There is some good news in the new law. Now, instead of three years, a license is given for five years.
What are private detectives allowed to do under the new law?
The detective market is very extensive and in demand. It happens that a citizen, especially a private entrepreneur, for various reasons, including purely personal ones, does not want to officially contact the police or prosecutor’s office. Let’s say he suspects that there is an insider in his company — sent «Cossack» from competitors. You can’t go to the police about this — there is no real crime. And a private detective can secretly, with the consent of the owner, infiltrate the enterprise and probe the team for six months — who is who. The police will not always do this if there is no hope of uncovering a major financial scam.
There is a simpler version of commercial counterintelligence — finding out all the information about partners, searching for «undercurrents» upcoming deal. Even the investigation of a banal theft from an office safe is often entrusted to a private detective, so as not to attract undue government attention to one’s own cash sums.
Another very popular service — detection of adultery. Some spouses are very concerned about the fidelity of their halves and are ready to pay for the moment of truth. In addition, with the help of detectives, parents will learn a lot of interesting things about their children and other close relatives. They say that it is on the basis of these observations and investigations that wills are changed, millions and smaller inheritances are reassigned. Often detectives are engaged in accounting, clerical, and even secretarial work, sifting through tons of documents, starting long correspondence with numerous authorities. After all, it is known that 99 percent of information — not in secret encryption or hiding places, but in open sources — newspapers, official references, library or scientific archives. You just need to know what and where to look.
Most often, private investigators are contacted to find missing relatives or acquaintances, find out the ins and outs of business partners, and secure a real estate or car transaction. Clients ask detectives to check if they are being visually followed, wiretapped, or if anyone is hacking their computer.
Detective services cost different things. As a rule, the price is negotiable, depending on the complexity of the task and confidentiality. But there are also standard fees. For example, for external surveillance, that is, banal surveillance, security agencies ask on average ten dollars per hour.
And finding a missing person costs from four thousand rubles.
And yet, how can detectives combine the requirements of the law and the wishes of clients?
Elementary, as the famous Sherlock Holmes would say. Here’s a simple example. Let’s say some gentleman wants to convict his wife of adultery. The private detective has everything — photo, home address, place of work, addresses of girlfriends and friends, fitness, favorite bar, probable travel routes. There is just no right to interfere in the personal life of this woman and use special spy equipment.
But these procedural «little things» easy to get around.
In any case, the detective is obliged to conclude an agreement with the client for the provision of services — this is required by law. But the contract can specify not assistance to a potential cuckold, but a search for the missing spouse. So the detective rushes to search for the supposedly missing woman. And what emerges during the investigation — small technical details.
By the way, about technical details. Yes, you cannot use hidden cameras and microphones. But with a mobile phone and even an ordinary «point-and-shoot» — why not? They say that he was photographing a city landscape, and an unfaithful wife and her lover accidentally appeared in the frame. That’s how it happens.
What technical means does a private detective have the right to use?
For the investigation that he has undertaken to carry out under the concluded agreement, he may use video recordings. Again, if the cameras were installed legally. That is, if in an office the owner secretly looks through the office premises, without the knowledge of the employees, this is a violation. Have you noticed that in many stores they playfully offer you a smile — Is it being filmed by a video camera? In this case — you won’t find fault. Otherwise — violation of the Constitution, interference with privacy.
Mikhail Falaleev Rossiyskaya Gazeta