Private Detectives Tracking Others: Is it a Legal Violation? What are the Penalties for Private Detectives Buying and Selling Personal Information of Others?
Does a Private Investigator Tracking Someone Else Violate the Law?
Based on the provisions in Appendix 2 promulgated with Decision 27/2018/QD-TTg as follows:
803 - 8030 - 80300: Investigation services
This group includes: investigative and detective services. Activities of all private detectives, for any type of customer or purpose of investigation, fall under this group.
According to the above regulation, private detectives belong to the Vietnamese economic sector system with the code 803 - 8030 - 80300, falling under the group of protective investigation activities.
This group includes investigative and detective services. Activities of all private detectives, for any type of customer or purpose of investigation, fall under this group.
Therefore, detective activities, investigation, and tracking by private detectives are considered legal. However, private detectives' investigation and tracking activities must comply with the provisions of Article 38 of the Civil Code 2015.
Based on Article 38 of the Civil Code 2015 as follows:
The right to privacy, personal secrets, and family secrets
1. Private life, personal secrets, and family secrets are inviolable and protected by law.
2. The collection, storage, use, and disclosure of information relating to private life, personal secrets must be consented to by the person involved; the collection, storage, use, and disclosure of information relating to family secrets must be consented to by family members, unless otherwise provided for by law.
3. Correspondence, telephones, telegrams, electronic data, and other forms of private information exchange are ensured safety and confidentiality.
Opening, controlling, seizing correspondence, telephones, telegrams, electronic data, and other forms of private information exchange of others may only be performed in cases prescribed by law.
4. Parties in the contract are not allowed to disclose information about private life, personal secrets, and family secrets of each other that they have learned during the establishment, implementation of the contract, except where there is another agreement.
In detective activities, investigation, and tracking, private detectives must comply with regulations on the right to privacy, personal secrets, and family secrets as stipulated above.
Can a Private Investigator be Criminally Responsible for Illegally Using Someone's Information on Computer Networks or Telecommunications Networks?
Based on the provisions in Clause 1, Article 288 of the Criminal Code 2015 as follows:
Crime of illegally providing or using information on computer networks or telecommunications networks
1. Any person who commits any of the following acts, gaining illegal profits from VND 50,000,000 to less than VND 200,000,000 or causing damage from VND 100,000,000 to less than VND 500,000,000 or causing adverse public opinion reducing the credibility of agencies, organizations, or individuals, shall be fined from VND 30,000,000 to VND 200,000,000, subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Uploading information on computer networks or telecommunications networks that are contrary to legal regulations, unless under the cases specified in Articles 117, 155, 156, and 326 of this Code;
b) Trading, exchanging, gifting, correcting, changing, or publicizing legitimate private information of agencies, organizations, or individuals on computer networks or telecommunications networks without the consent of the information owner;
c) Any other act of illegally using information on computer networks or telecommunications networks.
According to the above regulation, a private detective who illegally uses someone else's information on computer networks or telecommunications networks, gaining illegal profits from VND 50,000,000 to less than VND 200,000,000 or causing damage from VND 100,000,000 to less than VND 500,000,000 or causing adverse public opinion reducing the credibility of agencies, organizations, or individuals, can be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
How is a Private Investigator Penalized for Trading Personal Information of Others?
Based on the provisions in Article 84 of Decree 15/2020/ND-CP, amended by Clause 30, Article 1 of Decree 14/2022/ND-CP as follows:
Violations of regulations on collection and use of personal information
1. Fines from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Collecting personal information without the consent of the subject of the personal information about the scope, purpose of collecting and using that information;
b) Providing personal information to third parties when the subject of the personal information has requested to stop providing.
2. Fines from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Using personal information collected for improper purposes without the consent of the subject of the personal information;
b) Providing, sharing, or spreading personal information collected, accessed, controlled to third parties without the consent of the owner of the personal information;
c) Illegally collecting, using, spreading, or trading personal information of others.
3. Remedial measures:
Forcing the removal of personal information collected through violations as specified in Point b, Clause 1, and Points b and c, Clause 2 of this Article.
According to the above regulation, a private investigator trading the personal information of others illegally can be fined from VND 40,000,000 to VND 60,000,000.
Note: This fine applies to organizations. If an individual commits the same violations as an organization, the fine is one-half of the fine applicable to the organization. (based on Article 4 of Decree 15/2020/ND-CP).
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