Given the relevance of the private investigator , within which are also numbered the informant trade figures and operator safety and access to the exercise of which the holders of specific requirements expressly provided by law, upon special police authorization. Given, moreover, the delicacy of the individual operations carried out in the course of investigative activity, which often involve the interference, with the information obtained, in the private sphere of the recipient of the same, with obvious legal and ethical implications.
Withholding, consequently, the need to establish uniform rules for the profession of private detectives to supplement the rules laid down by both the TULPS referred to RD no. 773/1931 and the relevant Implementing Regulation, both by Law 675/1996. Given the provisions found in Arts. 134-137 of the RD no. 773/1931, by Articles. 257 et seq. of the Implementing Regulations of the Consolidated Public Safety Act, the Legislative Decree n. 271 of 28 July 1989 and Articles. 38 and 222 of the Implementation, Coordination and Transitional Rules of Criminal Procedure Code as well as those established by the Law of 31 December 1996. 675 and subsequent measures of the Guarantor – including the one taken on November 27, 1997 b, 2/1997 “Authorization to the processing of data disclosing health and sex life” published in the Official Gazette of November 29, 1997 n. 279 and order n. 6 of 29.12.1997. The professional activities of a private investigator, in its broadest sense, is based on the strict observance of the basic rules of integrity, professional liability and confidentiality beyond normal compliance with all applicable laws.
Title I – Reliance and moral integrity
Art. 1 The private investigator, in the exercise of professional activity, must scrupulously observe the normal rules of fairness, dignity, sensitivity and professionalism, even outside the work must maintain irreproachable conduct, since the delicate nell’esplicare task entrusted by the customer, the investigator not only performs acts of private interest but also a chief social function of public utility, alongside, in the cases provided by law, to the police.
Art. 2 Of particular importance the behavior that the investigator must keep to the Customer: his first duty is to inform the latter of all the rules concerning the investigation and the legal consequences deriving from the place from ‘ operator, with particular reference to the provisions laid down by the Law n. 675/1996.
Art. 3 The attitude that the private investigator must take against third parties, be they private citizens or public authorities, should be characterized by criteria of maximum availability and general respect, within the limits provided by law. In respect of the organs to which the investigator is subjected to the control must pay the utmost collaboration is to provide all necessary clarification on the progress of investigation, in that lend their own work in cases where he is asked an aid intervention for purposes of justice.
Art. 4 The license holder and his collaborators, previously reported to the Prefecture of competence, should always perform their professional duties with the utmost care and commitment always avoiding, and in any case of committing acts restricting individual freedom. In particular, the same, being held at the maximum confidentiality of information acquired in the course of investigations, should ensure scrupulous observance of the provisions of Law 675/1996 on the protection of privacy.
Art. 5 In compliance with the law and professional ethics, the private investigator must represent and / or defend his client in such a way that its interest prevail on his and that of a colleague or third parties in general; if he does not believe to be able to fulfill the assignment hired, must expressly renounce the engagement.
Title II – Professional Secrets
Art. 6 Duty investigator crucial, especially with regard to compliance with regulations on privacy called art. 4, is to inform the customer on the secrecy of information acquired in respect of the relevant investigation, in cases where the latter is exempted from informing to be in possession of your personal data; as well as to make informed the client when the same is relieved from requesting the consent for the treatment of the acquired data.
Art. 7 Regardless of the correct and scrupulously with the provisions of Law no. 675/1996, the reports must take the private investigator with the press, television or journalism, must be based on respect and the protection of confidentiality of information acquired through their office. In particular, in the rare cases where it is not required to comply with the duty of secrecy and confidentiality, the private investigator must, however, consider very carefully the consequences that may result from information provided to the media, through the issue of balanced statements and, certainly, never damaging to the professional dignity of another colleague or the entire class.
Art. 8 Any form of commercial advertising is free, the private investigator can do all acts that it deems most appropriate to advertise their business; They are not allowed either forms of misleading advertising, designed to advertise professional services outside the scope of the police permit issued private investigator, or forms of advertising cd. misleading, such as to induce customers to believe possible performance that can not be carried out legitimately investor by the police title. Any abuse will be prosecuted in civil and criminal courts and through disciplinary action as provided for in this Code in the following Articles.
Title III – Granting and termination of office
Art. 9 The police authorization holder may not delegate to others the direction of investigation; if use is made of the work of employees must give clear instructions and operational guidance to the proper conduct of investigations and traders may not, under any circumstances, make decisions or take action without the consent of the private investigator or a delegate.
Art. 10 The private investigator may use the work of a colleague for holding particularly articulated positions.
Art. 11 The investigator, before accepting a professional assignment, must carefully assess whether there is incompatibility with other services previously assumed; in particular should check whether there is a conflict of interests between various Clients and if appropriate, to give up one of the tasks conferred.
Art. 12 of the nature of professional activity, the private investigator must maintain a position of impartiality and independence even when adheres to corporate or associative organizations with political and / or partisan; He can not, therefore, never be influenced in the performance of its activity and much less alter the outcome of the service in order to encourage the organism to which it belongs.
Art. 13 The private investigator, it is required to obtain an explicit mandate by the Client, taking into particular account the provisions of Law n. 675/1996, must resign when it is contrary to law or regulation or would entail the performance of services expressly prohibited by applicable law or may even hinder the normal course of criminal investigations.
Art. 14 The private investigator can not accept the appointment of a new customer if the confidentiality of information provided by an old customer is likely to be violated or when knowledge by the investigator of the old customer the new business would benefit.
Art. 15 The rules above are equally applicable in the case of exercise of the profession in corporate form susceptible, however, to give birth to one of the conflicts of interests set out in Articles 12, 13 and 14. Art. 16 The private investigator can not use, under any circumstances, information acquired through your office, let alone in order to gain for himself or for other direct or indirect benefits; its position must always be based on the utmost integrity and professionalism, especially when the nature of the information in its possession is particularly delicate.
Title IV – Determination of remuneration
Art. 17 The private investigator is required to comply, in entering into the professional services contracts, tariff limits from the tables, duly posted to public inspection at the Institute, approved by the Prefecture of competence, in order to avoid forms unfair competition.
Art. 18 The fee required by a private investigator must be shown to the customer in all its items and should be equitable and fully justified.
Art. 19 The investigator must not conclude pacts with which remuneration is attributable to the result obtained; in particular it must not enter into agreements with the customer which oblige the latter to recognize the investigator a part of the result, whether the sum of money or any other goods or value achieved at the conclusion of the investigative activity.
Art. 20 When the private investigator requires the payment of an advance on costs and / or data charges, this should not go beyond a reasonable estimate of the prices charged legitimately, based on the schedule approved by the competent Prefecture, and probable disbursements required by the nature of the investigation.
Title V – Insurance for professional liability
Art. 23 is not required but definitely desirable, as guarantee of the business, the private investigator, as well as for the deposit paid to the Prefecture of competence at the time of the release of the police title, takes out appropriate insurance for their professional responsibilities within the reasonable limits, taking into account the nature and extent of risk that is assumed in the course of its business.
Title VI – Relations with the Prefecture and the Police territorial jurisdiction
Art. 24 The private investigator must exert the activities for which he specifically got the police authorization, which must be renewed annually, following the directives given to him by the competent Prefecture territorially, according, also, to the laws in force.
Art. 25 The private investigator, holder of the license ex art. 134 TULPS approved by Royal Decree n. 773/1931, is solely responsible for directing the activities, for which he is liable to third parties and administrations involved in its control, can not in any way no one to delegate these tasks.
Art. 26 The private investigator must, in particular, make a note on the register of daily operations, the keeping of which is required under Article. TULPS 135 and the related Regulations, previously endorsed by the competent Police Authority: A) the name, date and place of birth of people for whom the business and the operations take place. B) the date and the species of the same, the fee agreed and the outcome of the operation. C) the details of the identity document or other document having the same value.
Art. 27 constitutes an investigator having to pay his work in favor of the PS, which submits a request, adhering, also, in all instances by the same put to him also for the purposes of the activity by the investigator private control.
Art. 28 The private investigator must, before hiring personnel in the exercise of professional collaboration, ensures inform the local Prefecture individual names, which will take note.
Art. 29 The Chief is institutionally responsible for operational control over the proper operation of the private investigator, who is obliged to give its full cooperation in the case of requests and inspect.
Title VII – Relationship of Private Investigators
Art. 30 The spirit of fellowship requires a relationship of trust between the private investigators in the interest of their customers; it must never put the interests of private investigators in contrast to those of justice, especially when acting in the exercise of the investigative activity for criminal defense.
Art. 31 The private investigator will recognize as colleagues all the investigators who obtained the required police authorization issued by the Prefecture of expertise.
Art. 32 Given the highly sensitive nature of the business private investigator, all communication among colleagues should be considered confidential. This means that the private investigator does not detect communications to third parties and does not transmit a copy of the item itself to its customer; When these communications are made in writing they should bring, however, the “confidential” statement.