Wednesday 13 June 2018

Geolocators are not the problem

With the evolution of technology, more and more people stop using the conventional paper map and begin to depend on the use of GPS when they do not know how to orient themselves in a certain city. In addition to its use in leisure, issues are also fundamental for many in their professional lives, as is the case of taxi drivers for example. 

These devices can have many different functions, as well as helping in the orientation in a certain place, to locate people, prevent vehicle theft and even protect children or pets.

Currently, this type of technology has also helped the work of private detectives in tracking people/cars. However, this type of procedure has been a bit controversial since it has led some investigators in court for suspecting invasion of privacy. Although, the use of GPS devices by these professionals, provided they are in the exercise of their functions, is considered admissible if it is done on public roads and does not replace the work of the detective.

As described in article 48, of Law 5/2014, of April 4, on Private Security: 

"1. The private investigation services, in charge of private detectives, will consist of the realization of the investigations that are necessary for the obtaining and contribution, on behalf of legitimated third parties, of information and tests on conducts or private facts related to the following aspects: 

a) Those related to the economic, labor, mercantile, financial and, in general, to personal, family or social life, except for the one that develops in the domiciles or reserved place.

3. Under no circumstances may the personal life of persons who reside in their homes or other reserved places be investigated, nor may personal, material or technical means be used in this type of service in such a way as to violate the right to honor, to personal or family privacy or the image itself or the secrecy of communications or data protection.

6. The private investigation services will be executed with respect to the principles of reasonableness, necessity, suitability, and proportionality. "

In this way, based on the aforementioned legislation, the placement of a GPS (which only registers where the vehicle is physically located) must be compared to a follow-up carried out by a private detective directly and personally. This professional has the right to rely on technological means to carry out their work since they respect the basic principles of reasonableness, necessity, suitability, and proportionality.

The use of geolocators is not a crime in our profession, it is a tool that provides us with security. Taking as an example, the fact that no matter how much the researcher exceeds the marked speed, we have no justification to follow it at the same pace, attacking public safety, road safety and our own integrity.

We also emphasize that the geolocator gives us information on the positioning of the person on public roads, a fact that would be the same as if we even investigated ourselves, so this tool does not give us more information than we ourselves can see at street level. acquire.

The use of GPS or geolocator as such by a private detective who is in full exercise of his office is not considered a crime.

Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

Wednesday 6 June 2018

If you do what you like you will not feel that you are working

            The heat that covers crowded beaches, the motivation that injects stress for your comings and goings to the airport, fights in the restaurants of the coast to reserve the best table with views. All that can be enjoyed by people who have vacations, but ... and those who work do not?

            The kick-off of this beloved season of the year, compared to the very end of the world, people think that if you can not enjoy the benefits that you can take a daiquiri with sand on your feet but surrounded by a pack of people, You do not really live the holidays.
           That desperation is transferred to many of those who see the beginning of this summer race, begin to invent the most varied excuses for not having to go to work. The easiest way, and consequently the one that seems most accessible to most is to ask a doctor for a sick leave.

           The dismissal that is a worker's right, due to the temporary incapacity that supposedly manifests, allows him to continue receiving his salary even without going to work. However, more and more workers are failing to receive a salary without having to comply with their job and live the holidays.

           The only way to combat this type of fraudulent losses is for employers to hire private detectives, in order to be able to demonstrate this kind of scam with guarantees and effectively. As detectives we know the proper procedures to find out about this type of case and help companies legally to take the necessary measures. Our function is to verify and advise the client if the worker is lying or if he is really unable to work. For this, it will be necessary to collect relevant information and conduct both monitoring and surveillance to obtain evidence that speaks for themselves (photos, videos) before lawyers and judges.

           First of all we have to get all kinds of relevant information. In some cases, scam artists even make the mistake of sharing activities that reveal their fraud in their profiles, such as the publication of trips to Bora Bora or the Swiss Alps, since they are more enthusiastic about showing their experiences on the other side of the world, rather than thinking about being cautious for your true long-term goals. But in addition to these casualties, it is also discovered many times through follow-ups, that the researchers are actually working in another type of business. In this case, our work as private investigators is fundamental, because during a certain period of time we focused on obtaining sufficient evidence to prove labor fraud.

           Another aspect to take into account when investigating low fakes is the importance of seasonality. A fundamental element that verifies an increase in the number of casualties at certain times of the year, as is the case in September, of the designated bridges and the Christmas holidays, which sometimes translates the employee's intention to extend the holidays, thus achieving more days of leisure and delay re-entry to work.

Sindia Alves and A. Oliver
Anthropologist and Private Investigator
of Oliver Detectives
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