Need to bring private detective into the law round
Police, journalists, lawyers to monitor and take photos to fight negative are all in violation of the right to privacy?
Private detective is a social profession needed because it helps people find, collect information, documents that are actually the basis for solving the case, the case has existed for many years and no scandal. So if it is forbidden, it still exists and develops … But beyond the law.
Reciting teachers have guilty of breaking the law?
There are cases of legal counsel, the case I know the client has come to private detective. As a result, they have reliable, authoritative, and expensive information for lawyers, under the lens of law to transform into evidence. The basis for the protection of their legitimate rights and interests before the partners, before the authorities, the court.
Based on the argument "because of this violation of the right to privacy, the right to the image of individual citizens, causing damage to others should be prohibited" are afraid that is not correct and not true with the the provisions of the Constitution and the Civil Code on the moral rights of citizens. Because of this, the secret to monitor, film, take pictures … someone that police, journalists, lawyers often do to fight the negative and then provide the authorities violate privacy rights? And so, the case as secretly filmed the scene of the deputy director of the People's Procuratorate of Can Tho to drink beer, student VA secretly recorded the "killing" of teacher Do Ngoc Dong is not right. law? While in practice, the authorities rely on this evidence to deal with the objects involved.
Article 38 of the Civil Code stipulates that the collection and disclosure of information on personal life must be approved by that person unless such collection or publication is made under the agency's decision, competent authorities. The use of personal images is also stipulated in Article 31 of the Civil Code. Here, if the collection, disclosure of evidence, private detective within the framework of the law on the basis of allowing the establishment, operation of private detective agency from the competent authorities does not violate the right personal privacy, the right to use the image and the right to a person's identity. Like police officers, journalists, judges, and lawyers, they also collect and publish information on subjects in corruption cases and crimes to protect the legitimate interests of the state, individuals and groups. Some of them in the news, writing, legal consultancy, litigation but not considered violations of the right of privacy for legal documents.
Legalize for management
Private investigators also, if the authorities recognize the objective existence of this profession, allow the operation in the framework will not violate privacy rights, causing harm to anyone. The problem is whether the state wants to bring private detectives into the legal loop to manage and direct development.
In my opinion, the law of private detective is necessary because it helps the state manage this activity. It is also a method of socialization in the economic sector, which the state can not embrace. This is also a way to promote the quality of judicial support activities (to help judicial authorities to facilitate the identification, collection of evidence, evaluation of evidence in the settlement of cases, non-criminal case). As the police force, security is lacking, not tracked, uncovering all the criminal secrets to solve the case, how to reach the non-criminal field. Even lawyers, despite the right to collect documents to take as the basis for litigation activities, legal consultants, is only a collector-oriented, but not directly able to implement because there is no time and no professional detective. This is the same as that of the police in two parts: scouts and investigators.
Thought, prohibiting private detective activities is too easy, and who ban the ban also. Putting it in the law, directing it to develop in line with the will of the state, while meeting the new social needs is worth mentioning, to show management know how to make the house. Water and law breathe the same breath to life.