Duty of Discretion
Private detectives are subject to the duty of discretion which guarantees total confidentiality of the information given to the private investigator by his client as well as that uncovered during the course of his investigations.
There is, however, a duty of information to which the private detective is subject, which implies that the private detective must provide information to the Minister of the Interior (Home Office), the Minister of Justice or the judicial authorities if so requested. When the request for information meets certain conditions, the detective is obliged to respond to it without delay.
Furthermore, where there is evidence of criminal activity, the detective is obliged to report certain facts immediately to the relevant legal authorities.
This special duty of information applies in two specific cases:
- If the detective is instructed by his client to investigate or carry out research into offenses or criminal activity.
- If, during the course of his research, the detective discovers evidence of criminal activity or offenses even if they are not the target of the investigation.