What is a private detective allowed to do?

If you are considering hiring a private investigator, it goes without saying that you want to be sure that everything is done legally and discreetly. Let us explain.

In Austria, the work of a private investigator is regulated in accordance with sections 129 and 130 of the Trade Regulation Act 1994 (Gewerbeordnung, GewO), with such investigators having to undergo a more stringent vetting process. Their work is clearly defined by law and is subject to strict legal requirements.

Private investigators are also bound by a duty of confidentiality regarding the matters entrusted to them – this is to protect clients and preserve the trust on which the private investigator profession is based.

So what exactly can private investigators do within the confines of the law?

In many cases, a private investigator can obtain information, that is difficult for private individuals or businesses to access – – though always in compliance with the law. Examples typically include:

• Obtaining information and carrying out research, including permissible open-source intelligence research on social media, publicly accessible databases and archives (OSINT)

• Investigating and documenting instances of misconduct, for example in cases of suspected fraud, breach of trust or breach of duty

• Observing people, provided there is an overriding legitimate interest – surveillance to document behaviour, e.g. through photographs or video recordings – in public spaces. Private investigators are experts in carrying out undercover investigations in a legally compliant and discreet manner (e.g. in cases of suspected insurance fraud, adultery, breaches of parental duty, sick leave abuse, undeclared work, etc.)

• Talking to people such as neighbours, colleagues or business partners

• Securing and documenting evidence that can be used in civil or criminal proceedings

• Verifying the identities of individuals and where they live, insofar as this is possible without needing official powers

What, for example, is a private investigator not allowed to do?

A private investigator cannot simply do ‘anything’. Examples of what they are not allowed to do are::

• Capturing private communications (e.g. monitoring telephone calls or e-mails, making secret audio recordings, or installing malware/spyware on smartphones, notebooks, etc.) 

• Trespassing in private areas or private property

• Unlawfully intruding upon a person’s privacy or collecting personal data without authorisation.

• Performing acts reserved for officers of the law (e.g. making arrests, carrying out coercive measures)

The work of a private investigator is always carried out in accordance with sections 129 and 130 of the Trade Regulation Act 1994 (Gewerbeordnung, GewO), the Austrian Data Protection Act (Datenschutzgesetz, DSG) and the General Data Protection Regulation (GDPR), as well as the relevant provisions of criminal and civil law. The aim is to establish the facts in a discreet and legally sound way that will stand up in a court of law.

In short: investigators work discretely but within the confines of the law. And that is precisely their advantage: They know what they are allowed to do – and ensure that the evidence stands up in court.

Place your trust in lawful expertise instead of reckless cowboy moves

Anyone who conducts their own research or spies on others in secret not only risks poor results but also legal consequences. An experienced private investigator knows the limits of law and makes professional use of them.

Get in touch with us – with no obligation

Do you suspect something but aren’t sure what you can do, if anything? Then come and talk to us. We will be honest with you about what’s possible – and what isn’t.

Confidential. Serious. Legally sound.