PUBLICATION: Analysis
Private Detectives in Serbia: (Lack) of Legal Regulation
New analysis of the BCSP points to the insufficiently investigated topic of private detective companies and answers four basic questions: What do we know about detectives in Serbia, what do they actually do, what competencies do they have and how can their work be improved from the point of of law and human rights?
Very little is known about the work of the detectives in Serbia. Their activities are unknown to the public, mainly due to the lack of media interest to report on this profession. The professional and academic public also did not adequately research the activity of this sector. Citizens only get informed on this subject through periodic media reports on the need for legal regulation of this sector, or, more recently, on the number of currently licensed detectives.
The first segment of the Belgrade Center for Security Policy (BCBP) analysis is dedicated to assessing the number of detective agencies in Serbia and their employees. Given that there is no empirical research on this topic, the BCBP research team offered an original assessment, which was created through cross-referencing data from the Business Registers Agency, Ministry of Interior, media reports and classified ads. Estimates of individuals involved in this activity vary considerably, because a certain number of them works illegally, but also because a large number of private security agencies offer investigative and detective services.
Detective services are closely tied to the processing of personal data, which is guaranteed by the Constitution to the citizens of Serbia. The BCSP analysis finds that some provisions of the Law on Detective Activity and their powers are contrary to certain parts of the Law on Personal Data Protection and the Criminal Code.
At the end of the publication, there are solutions for regulating this area of private security, which are intended primarily to the Ministry of the Interior. In addition, it points to the necessity of a public discussion that would allow for the harmonization of the extent of the detective powers with other systemic regulations.
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