Private detective agencies
Private detective agencies conduct investigations into persons on the instructions of private persons or organisations. In doing so, they deploy far-reaching methods of investigation. This is why not everyone is allowed to start a private detective agency.
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Unlike the police and judicial authorities, private detective agencies do not fall under the Directive on data protection in the law enforcement sector. But private detective agencies have to adhere to special rules, though. Private detective agencies:
- need a permit from the Ministry of Justice and Security (in Dutch);
- have to comply with the Dutch Private Security Organizations and Detective Agencies Act (Dutch abbreviation: Wpbr), the Private Security Organizations and Detective Agencies Regulations (Dutch abbreviation: Rpbr), and the General Data Protection Regulation (GDPR);
- have to comply with the privacy code of conduct of the Security Sector Association of the Netherlands.
Methods of investigation used by private detective agencies
Private detective agencies conduct investigations on the instructions of their client. Which methods of investigation they are allowed to apply depends on what the client is allowed to do.
For example, employers are allowed to monitor employees covertly in specific circumstances and on certain conditions. For example, by intercepting the work email of one or more employees and listening in on their work telephone.
Does a private detective agency conduct an investigation into employees on the instructions of their employer? Then the private detective agency is actually allowed to do this. In that case, the private detective agency will have to carry out a data protection impact assessment (DPIA) first.