Detective investigation. According to the second and third parts of Article 34 of the Constitution of Ukraine, everyone has the right to freely collect, store, use and disseminate information orally, in writing or otherwise – of their choice.
These rights may be restricted by law in the interests of national security, territorial integrity or public safety for the prevention of disorder or crime, for the protection of public health, protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Part four of Article 23 of the Law of Ukraine “On information” a prohibition on the collection of personal data without their prior consent, except as required by law.
As for the meaning of the word “confidential” (Article 182 of the Criminal Code of Ukraine) notes that under Article 147 of the Constitution of Ukraine Constitutional Court of Ukraine provides the official interpretation of the Constitution and laws of Ukraine. At the same time point out that Article 182 of the Criminal Urkrayiny “violation of privacy” provides for liability for illegal collection, storage, use or dissemination of confidential information about a person without their consent or dissemination of this information in a public statement, a work that publicly demonstrates or in the media media.
Parts one and two of Article 30 of the Law of Ukraine “On Information” found that undisclosed information on their legal mode is divided into confidential and secret.
Confidential information – information that in the possession, use or disposal of certain natural or legal persons and distributed at will under the conditions they stipulate.
According to Article 23 of the Law of Ukraine “On information” about the person is a set of documented or publicly announced information about the person.
Basic data about individuals (personal data) are: nationality, education, marital status, religion, health status, and address, date and place of birth.
The sources of documented information about a person is issued in the name documents signed her documents and information about individuals collected by the state authorities and local and regional authorities within their powers.
Subject to the requirements of the above regulations is seen that each own citizens as well as by physical and legal entities have the right to freely collect, search, store, and disseminate public information orally, in writing or otherwise – of their choice.
Margin between legal and illegal collection, use, dissemination of information (if such activity is carried detective) should be determined directly by the detective.
Detective may, in particular, to freely receive, use, distribution (publish) and storage for open access mode of information; free access to statistical data, archive, library and museum on the secrecy of authorship and sources of information as well.
The Constitution of Ukraine lays the foundation for citizens’ right to information. In particular, Art. 34 states that everyone has the right to freely collect, store, use and disseminate information orally, in writing or otherwise – of their choice, and Article 40 of the Basic Law guarantees the right of all citizens to file individual or collective petitions, or to personally appeal to the state authorities , local government officials and officers of these bodies are obliged to consider the appeal and give a reasoned response in statutory period.
The right to information enshrined in Article 9 of the Law of Ukraine “On information”, according to which all citizens of Ukraine, legal entities and state authorities have the right to information, which provides for the free receipt, use, distribution and storage of information required for the implementation of their rights, freedoms and legitimate interests of the tasks and functions.
So detective agency may enter into an agreement to obtain the necessary information to the citizen.
Thus, citizens have the right to enter into an agreement directly with the detective investigating detective in finding, obtaining, recording information.
The subject of the agreement between a national (entity) and a detective, maybe as information services and performance and a certain amount of services or work (in a row).
Subject to such agreements should be determined in each case depending on specific customer required for the result.
It is important to bear in mind that in any case the subject of such agreements can not be specified to obtain information that is confidential or closed undisclosed information about a person, as stated above.