| Opis: | Purpose:
We are checking the suitability of the new legal regulation in the field of private detective activities associated with interference with privacy by private detectives in Slovenia, especially concerning the practical application of their entitlement – personal perception.
Design/Methods/Approach:
Quantitative and qualitative research methods were used. We used theoretical written sources and an analysis of legislation and of cases of foreign and Slovenian courts, relating to interference with privacy by private detectives. The key qualitative methods were structured interviews with legal experts and experts on domestic and foreign law on interference with privacy by the private detectives.
Findings:
During their work, private detectives interfere with privacy of individuals, which is not problematic as long as these interventions are legally allowed. They mostly use personal perception of individuals (observation and tracking) in public places and places from public access. To document their findings they use technical means for video recording (camera, video camera) and write reports that can be used as evidence in disciplinary proceedings and in court. Such kind of information and evidence gathering by private detectives cannot be equated with undercover methods, which can be used in cases prescribed by law by the state authorities. Despite relatively good regulation of detective entitlements, it is yet to be seen the future jurisprudence in this regard.
Research limitations/implications:
The findings relating to the entitlement of detectives are limited to the Slovenian circumstances.
Practical implications:
Certain findings are important from a development perspective of detective profession; they will also be useful for less experienced detectives, inspectors for private security who supervise detectives, police officers, prosecutors, judges and interested lay public.
Originality/Value:
For the first time, after new legislation in the field of detective activities was passed, the research on detective entitlements by which detectives interfere with the privacy of individuals, in which relevant representatives of expert public participated, was conducted.
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