Tuesday, 26 November 2024

THE GAMBLING INDUSTRY AND PRIVATE INVESTIGATIONS 3l6o4f

Reflecting on this topic can be an exciting and novel endeavor and certainly the subject is not without interest for either side. As we know, both activities are relatively recent, except of course for lottery and sports betting, but they have also developed at different paces, with private investigations developing at a slower pace, a pace which is undoubtedly due to the lack of tradition and information in this sector. 2o3w3m

► by Dan Bucur, Vice-President of the PATRONAGE OF PRIVATE DETECTIVES IN ROMANIA 392s4b

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by Dan Bucur, Vice-President of the PATRONAGE OF PRIVATE DETECTIVES IN ROMANIA

The steps taken to coagulate the efforts and resources of practitioners in this niche of specialized services have been slowed down both by their own behavior and by the reluctant perception of the private detective profession by some representatives of the state authority, by citizens potential beneficiaries of the services of this guild, but obviously also by the lack of an effective marketing strategy in the field.

The legal framework that regulates the exercise of the profession of private detective in Romania is mainly made up of:

–
Law no. 329/2003 on the exercise of the profession of private detective, as subsequently amended and supplemented;

–
Government Decision No 1.666 /2004 for the approval of the Implementing Rules for Law No 329/2003 on the exercise of the profession of private detective.

Obviously, in addition to these acts, there is a general obligation to comply with constitutional and legislative requirements that constitute guarantees of respect for citizens’ rights and privacy of private life. „The activity of the private detective may not be contrary to domestic or international legal regulations to which Romania is a party, national security, public order or morality.”

According to the above-mentioned regulatory norms, the object of activity of the private detective is:

a) establishing the conduct and public morality of a person;
b) obtaining data on the solvency or seriousness of a natural or legal person who is a potential business partner;

(d) identifying assets that are the subject of civil or criminal litigation that have been disposed of for the purpose of prejudicing the interests of a party to the proceedings

e) ensuring protection against leakage of information in the sphere of private life or the activity of economic operators who wish to preserve their confidentiality.

PRIVATE INVESTIGATIONS

From the simple enumeration of the possible situations in which private investigations may be called upon to solve them, we can understand the interference and complementarity of the interests of gambling organizers with the outcome of this type of activity.

In this respect, we would mention the ‚loyalty tests’ and investigations into the conduct and public morality of their own employees, especially at the time of their hiring or promotion, as being of real use to the managers of these firms.

Finding out the same facts of conduct and morality about potential business partners and the creditworthiness of their firms as well as the professional background and track record of their directors and associates can make the difference between a successful or a failed business.

At the same time, some private investigators have the necessary skills and knowledge to contribute to the security of the gambling operator’s brand and to prevent the disclosure of sensitive information which is not intended for public disclosure and which, by disclosure, could damage its legal interests.

Another useful aspect could be, for example, in the case of the intention to expand the activity of the gambling operator in new areas, investigations and field observations could provide information on the competitive activities in the area, the specific situation and behavior of the inhabitants, the possible impact of crime on the economic activity of the client.

I reiterate that the possible aspects of interest briefly outlined above are of an illustrative nature only, the particularities of each individual case requiring a good information between the applicant and the investigator.

In conclusion, private detectives have a legal obligation to maintain the confidentiality of the results of the investigation, which are intended exclusively for the client, in accordance with the law.