When May Private Detectives Operate?

The most important basis for accepting assignments by detectives, such as those at Kurtz Detective Agency Essen, is proof of a so-called “legitimate interest”. Every detective must assess, on a daily, weekly, or monthly basis (depending on the number of inquiries) during the assignment discussion, whether the relevant case demonstrates a legitimate interest. Potential clients should also consider beforehand whether their concerns constitute a legitimate interest.

 

You can check this using the following explanations from Kurtz Detective Agency Essen. If you are unsure, our detectives are happy to advise you: +49 201 3840 9057.

Legitimate Interest – Basic Requirement for Private Investigations

Potential clients often ask what “legitimate interest” actually means when the attending detective mentions this term. The following explanations should help many clients differentiate whether their particular concern sufficiently justifies commissioning a private or corporate detective, or whether it would lead a reputable agency such as Kurtz Detective Agency Essen to refuse the assignment.

 

If a detective accepts your assignment without a verified legitimate interest, there is a risk of committing criminal acts during the investigation. For you as a potential client, it is also in your own interest to understand this topic, as it may save you from having your assignment rejected by Kurtz Detective Agency Essen. While you may desire investigation results, without the proper commissioning basis you would be sent away without a contract – often frustrating and time-consuming.

Case Example – May Detectives Do This?

Imagine you have been in a relationship for some time, living in separate apartments, and you suspect your partner of having a sexual relationship with another person. You approach Kurtz Detective Agency Essen and request that our detectives observe (“shadow”) your partner for a period. You might assume everything is fine and that the agency will accept and execute your assignment. However, reputable agencies will carefully question the circumstances of such cases and may decline your assignment if the necessary conditions are not met.

 

You may wonder why assistance might be refused in this scenario. In the past, other agencies accepted similar assignments without enquiring about the exact living arrangements. Later, the client was unwilling or unable to pay, leading the investigating agency to attempt to recover costs in court. This claim was fully dismissed by the competent District Court in Altena/Märkischer Kreis, as the investigative contract was null and void due to immorality. Contracts are considered immoral only if no legitimate interest exists.

 

The investigating agency should have recognised that the general personal rights of the person being observed were being violated. Why? Because legally, no cohabitation existed. Cohabitation is present, for example, when the household is shared (apartment, rent, shopping) or concrete mutual plans for marriage and/or children exist alongside a multi-year relationship, or of course, if a marriage has already taken place. None of these conditions were present in this case; it was merely a casual male-female relationship of sexual motivation. Because the agency did not verify the exact relationship circumstances, it could not determine whether a legitimate interest existed. As a result of this oversight, an immoral investigative contract was concluded, creating no enforceable payment claims for the agency against the client.

 

These investigations constituted a violation of Articles 1 and 2 of the German Basic Law, which stipulate that human dignity is inviolable and that no one may be hindered in the free development of their personality. This example clearly demonstrates why reputable agencies avoid accepting similar cases. On the one hand, it would be a clear violation of the Basic Law, and on the other, acceptance of such an assignment would cause economic damage to the investigating agency, as it would have no way to legally enforce payment for its work.

 

It is therefore self-evident that the detectives of Kurtz Detective Agency Essen examine every case for the presence of a legitimate interest before accepting an assignment. If you wish to have your individual situation assessed regarding the legality of investigative activities, you can reach us Monday to Friday from 08:00 to 20:00 and on Saturdays from 10:00 to 20:00: +49 201 3840 9057.