Private detective services act (zzd-1)



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Private Detective Services Act (Official Gazette of the RS, No 17/11, ZDD-1) of 11 March 2011
PRIVATE DETECTIVE SERVICES ACT (ZZD-1)
I. GENERAL PROVISIONS
Article 1

(Contents)


(1) This Act shall define the requirements, entitlements and obligations of an individual, a legal person and a sole proprietor (hereinafter: a natural person) for the performance of private detective services.
(2) This Act shall define the general rules governing the exercise of the right to the free establishment and cross-border provision of services in accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L No 376 of 27 December 2006, p. 36 (hereinafter: Directive 2006/123/EC)).

Article 2

(Definition of Private Detective Services)
(1) Private detective services shall comprise the collection and processing of data and information, the provision of such data and information, and the provision of advice on crime prevention, and shall be performed for the requirements of a client by a private detective licensed and qualified under this Act to do so.
(2) Private detective services are commercial activities available to those clients that require such services, and are regulated by Republic of Slovenia for the purpose of maintaining law and order, public security, and the personal safety and dignity of clients, third parties, and the private detective performing such services.

Article 3

(Types of Private Detective Establishments)
(1) Private detective services may be performed by a male or female private detective (hereinafter: private detective) as a freelance profession.
(2) Private detective services may be performed by a legal or natural person who

- has established a business entity and has registered its private detective services in the Slovenian Business Register;

- is employed as a private detective; and

- possesses damage liability insurance.


(3) A licensed private detective shall be entered into the register of detectives performing private detective services. The registration shall be subject to the rules of the Competent Authority responsible for maintaining the register.

Article 4

(Supervised Private Detective Practice and Apprenticeship)

Trainees and apprentices may only operate under the direct supervision of a private detective (mentor) and may not engage in private detective services independently. These persons shall undergo vetting before commencing work.

Article 5

(Liability Insurance)


(1) Prior to, and at all times during its engagement in private detective services, a legal or natural person shall be insured and held liable for any damages that may be suffered by a client or a third party as a result of the exercise of private detective services.
(2) The sum insured shall be agreed upon between the insurance agency and the legal or natural person responsible for performing private detective services, either for each insured event or for all insured events in the year of insurance, in accordance with the relevant insurance regulations.
(3) The sum insured shall not be less than EUR 42 000 for a single insured event, or EUR 84 000 providing coverage for all insured events in the year of insurance.
(4) The insurance referred to in the first paragraph of this Article shall cover the liability for the conduct of all persons engaged in private detective services.

II. DETECTIVE CHAMBER OF THE REPUBLIC OF SLOVENIA


Article 6

(Chamber)


(1) Licensed private detectives shall become associate members of the Detective Chamber of the Republic of Slovenia (hereinafter: the Chamber). The Chamber is a legal entity governed by public law.
(2) In addition to the functions defined in Article 7 herein, the Chamber shall also carry out the following:

- adopt the code of professional ethics;

- propose to the Ministry responsible for the interior (hereinafter: the Ministry) professional training course programmes, standards of professional conduct, catalogues of professional qualifications and competencies, and the manner in which a detective exam is to be conducted;

- propose to the Ministry the format of a detective identification card;

- organise and carry out periodic training for private detectives.
(3) The Chamber shall adopt its articles of association, setting out the organisation, its bodies and their competences.
(4) The Ministry shall give its consent to the section of the Chamber's articles of association governing the exercise of public authority.

Article 7

(Functions of the Competent Authority)
(1) The Chamber (hereinafter: the Competent Authority) shall have the following functions:

- to grant and revoke private detective licences and detective identification cards, and to perform duties related to private detective services exercised by foreign private detectives in the Republic of Slovenia;

- to maintain the records specified herein; and

- to supervise the work of private detectives and private detective companies.


(2) The Competent Authority shall perform its duties in accordance with the law governing the recognition of professional qualifications for the performance of regulated professions and activities in the Republic of Slovenia.
(3) An appeal against a decision of the Competent Authority may be lodged by any party to the proceedings. The complaint shall be dealt with at the second instance by the Ministry.

Article 8

(Supervision and Withdrawal of Public Authority)
(1) The Ministry shall supervise the Competent Authority's operation exercised within the remit of public authority.
(2) The Ministry may withdraw public authority from the Competent Authority for any of the following:

- the granting or revocation of a detective licence in an unlawful manner or without proper justification or in violation of the act governing the general administrative procedure;

- the failure to maintain a register of detectives performing private detective services, in accordance with this Act;

- non-compliance with the time limits and procedures governing the recognition of the professional qualifications of foreign private detectives for the performance of regulated professions or regulated professional activities in the Republic of Slovenia;

- the failure to appoint a qualified person to conduct the administrative procedure and render decisions, and to deal with the recognition of professional qualifications.
(3) In the event of non-compliance with the provisions of the second paragraph of this Article, the Ministry shall caution and instruct the Competent Authority to remedy the inconsistencies within a specified time limit. This period shall not exceed 15 days.
(4) In the event of a failure to deal with the inconsistencies identified within the time limit referred to in the preceding paragraph, the Ministry shall withdraw public authority from the Competent Authority by issuing a decision against which no appeal is allowed until the inconsistencies have been dealt with; the decision may be the subject of the administrative dispute. Upon the withdrawal of public authority, the duties of the Competent Authority specified in the first and second paragraphs of the preceding Article and the second and fourth indents of the second paragraph of Article 6 shall be exercised by the Ministry.
(5) The Competent Authority must submit all documents pertaining to the termination of the exercise of public authority by no later than 30 days after the finality of the decision withdrawing such public authority.
(6) Any procedure withdrawing public authority shall be subject to the provisions of the act governing the general administrative procedure.

Article 9

(Disciplinary Liability of Private Detectives)
The disciplinary liability of private detectives shall be determined by the Competent Authority in accordance with the disciplinary provisions of the articles of association.

III. PRIVATE DETECTIVE LICENSING REQUIREMENTS


Article 10

(Licence and Detective Identification Card)


(1) No person shall engage in private detective services in the Republic of Slovenia unless he is the holder of a valid licence.
(2) Upon the fulfilment of the requirements a person shall become a licensed private detective, and shall acquire a licence certificate from the Competent Authority, which shall enter the name of the detective in the register of detectives. Upon issuing a licence certificate, a private detective shall be issued with a detective identification card which he may use to identify himself and prove his entitlement to perform private detective services. The form, price and content of the licence certificate and detective identification card shall be determined by the minister responsible for the interior.

(3) In the event that a private detective invokes this Act to claim the application of measures, he shall produce his identification card on the request of the person impacted by these measures, a police officer or an inspector.


(4) A private detective shall at all times comply with the requirements specified herein in the carrying out of private detective services. In cases where a private detective no longer fulfils the requirements for the performance of private detective services, he shall cease providing his services and surrender his licence and detective identification card by no later than eight days after the occurrence of the incident of non-compliance. The personal details (name, family name, certificate number, detective identification card number) of any private detective who fails to fulfil the requirements for the performance of detective services shall be published on the website of the Competent Authority.

Article 11

(Licensing Procedure)
(1) The application for a licence shall be lodged with the Competent Authority. The application for a licence shall be supported by documents proving compliance with the licence granting requirements specified herein.
(2) The content of the application for a licence shall be as defined by the minister responsible for the interior.

12. Article 12

(Licensing Requirements)
A licence may be granted to an applicant who

- is a citizen of the Republic of Slovenia or a Member State of the European Union, European Economic Area or the Swiss Confederation (hereinafter: the EU and EEA Member States or the Swiss Confederation);

- has acquired qualifications at the first level of the professional study programme or an equivalent qualification abroad, which has been recognised in accordance with the relevant legislation governing the recognition and evaluation of education programmes;

- has passed a detective exam;

- has undergone a vetting process during which no security concerns were established;

- over the last two years has not been employed as a police officer or an officer exercising powers on behalf of the Slovene Intelligence and Security Agency or an intelligence service of the ministry responsible for the defence.

Article 13

(Vetting)


(1) Vetting is an inquiry made by the Ministry to collect information that may constitute security concerns, pursuant to Article 14 of this Act.
(2) Vetting shall take place prior to the granting of a licence allowing the performance of private detective services or afterwards if security concerns are suspected.
(3) At the request of the licensing Competent Authority, vetting shall take place during the verification of the licensing requirements if the applicant consents thereto.
(4) The Ministry shall acquire the information directly from the vetted person and from any other persons, agencies, institutions or holders of public authority responsible for administering records related to the requirements referred to in the preceding Article.
(5) Courts, minor offence authorities and other authorities shall be required to notify the Ministry of the existence of any information that may give rise to security concerns or non-compliance with other requirements.
(6) The Ministry shall communicate the vetting results to the Competent Authority responsible for establishing compliance with the relevant requirements and notify the applicant of the existence of any security concerns.
Article 14

(Security Concerns)


(1) Security concerns shall mean the results of the vetting process, during which it is confirmed that

- the applicant has been finally sentenced for a premeditated crime prosecuted ex officio;

- the applicant has been convicted by way of a final judgment for any other criminal offence, prosecuted ex officio, and sentenced to a term of imprisonment of more than three months, and that this crime is related to the provision of private detective services;

- reasonable doubt has arisen as to the reliability and credibility of the person performing private detective services.


(2) Reasonable doubt as to the reliability and credibility of a person performing private detective services shall exist when, on the basis of facts related to criminal or minor offence proceedings, it is deemed that the applicant is likely to engage in private detective services in an illegal and unprofessional manner. In establishing security concerns, the principle of proportionality shall be applied and the following elements shall be considered: the circumstances and severity of individual offences or violations, the type and severity of the sanctions imposed, the period that elapsed from the violation, the implications concerning the protection of human rights, the age of the person concerned at the time of the offence/violation, and the relationship between the offence and the duties of a private detective.


(3) Reasonable doubt as to the reliability and credibility of a person who is already engaged in private detective services shall exist if it is found that

- the person is subject to criminal proceedings and charged with a criminal offence, prosecuted ex officio, which he has committed in relation to the performance of private detective services; or

- the person has been found accountable, based on a final decision for minor offences, that may constitute grounds, as specified herein, for the revocation of his licence and detective identification card, and he has been subject to the imposition of a fine.
(4) The decision as to whether the applicant has fulfilled the licence requirements shall be stayed until a final decision is reached in cases where the applicant

- is subject to criminal proceedings for a criminal offence prosecuted ex officio;

- is subject to criminal proceedings for a non-premeditated criminal offence, prosecuted ex officio, which he has committed in relation to the performance of private detective services; or

- has been tried for a violation of public order with elements of violent conduct or a violation of the regulations governing the manufacturing of and trade in illicit drugs or other violations that may constitute grounds, as specified herein, for the revocation of his licence, and he has been fined for any of these violations.


(5) Security concerns shall cease to exist upon their removal from criminal or minor offence records or when the reasons referred to in the second and third paragraphs of this Article cease to exist.

IV. TERMINATION AND REVOCATION OF LICENCE


Article 15

(Termination of Licence)


(1) A licence shall cease to be valid if any of the following apply:

- a private detective submits a written statement that he no longer wishes to carry out private detective services;

- a private detective has died.
(2) In the case referred to in the second indent of the preceding paragraph, the Competent Authority shall remove ex officio the name of the private detective and legal or natural persons engaged in private detective services from the register of detectives upon receipt of information confirming his death.

Article 16

(Powers of the Competent Authority)
(1) For the purpose of maintaining public order and security, clients and third persons, the Competent Authority shall have the power to do any of the following:

- permanently revoke a licence;

- temporarily revoke a licence;

- suspend a licence (trial period);

- prohibit cross-border activity.
(2) In considering what type of action specified in the preceding paragraph to apply, the Competent Authority shall review the circumstances and severity of the conduct or violation, the number of violations, the type and severity of sanction, the period that elapsed from the violation, any threats to the public interest, the occurrence and probability of harmful consequences, and the bearing of the violation committed on the safety of people and property, and shall take a decision in accordance with the principle of proportionality.

Article 17

(Permanent Revocation of a Licence)
(1) The Competent Authority may revoke a private detective's licence in the following cases:

- if the unlawful acts committed by the private detective threaten the life and health of the public, public order, public security or property of substantial value;

- if the public interest or the rights of clients or other persons are seriously threatened;

- if data or certificates supporting the issuance of a licence are found to be false or forged;

- if it is found that the private detective no longer fulfils the requirements of this Act for the performance of private detective services;

- if the person's contractual capacity has been withdrawn;

- if a prohibition has been imposed on a private detective from engaging in private detective services as a safety precaution;

- if a private detective's licence has been suspended and the licence holder once again commits a violation punishable by temporary revocation and is fined.


(2) After a decision revoking a licence on the grounds specified in the first paragraph of this Article has become final, it shall result in the prohibition of the reinstatement of a licence for a period of between one to four years.

Article 18

(Suspended Licence)
(1) For the purpose of protecting the public interest, the Competent Authority may issue a decision suspending a holder's licence if he has committed, despite the imposition of a fine, any of the following same-type violations:

- the person has performed private detective activities without written authorisation to do so (first paragraph of Article 25);

- the person has collected unlicensed information (second paragraph of Article 26);

- the person has engaged in tasks that he has been prohibited from performing (first paragraph of Article 32);

- the person has disobeyed an ordinance of an inspection authority prohibiting the holder from performing private detective services (second indent of the first paragraph of Article 39).
(2) A licence may be suspended for a period of between one to six months.

Article 19

(Probationary Licence)
(1) Instead of revoking a licence temporarily, the Competent Authority may issue a probationary licence in the cases specified in the first paragraph of the preceding Article, provided that it has identified mitigating circumstances and a negligible threat to the public interest.
(2) A decision of the Competent Authority to grant a probationary licence shall also specify the sanction of suspending the licence which shall not be carried out, if the holder of the licence, within the set probationary period, refrains from committing a new violation punishable by the suspension of a licence, and has not been fined for such a violation.
(3) In cases where the grounds referred to in the first paragraph of this Article apply, a probationary licence may be granted for a period of between three to twelve months (the probationary period).
(4) The Competent Authority shall withdraw the probationary licence if the private detective commits a new violation punishable by the suspension of the licence and has been fined for this violation.

Article 20

Prohibition of Cross-border Activities
(1) The Competent Authority may prohibit a foreign private detective from performing cross-border activities if the reasons referred to in the first, second, fourth, fifth and sixth indents of Article 17 apply, or if it finds that the data and certificates supporting the issuance of a licence have been falsified or forged.
(2) For those persons who have performed private detective services pursuant to the rights acquired in their home country (cross-border activity), the prohibition shall remain in force until the reasons for its imposition have ceased to exist.

Article 21

(Surrender of Licence Certificate and Detective Identification Card)
(1) A private detective or his legal representative shall surrender his licence and detective identification card within eight days of the occurrence of the circumstances referred to in Article 15 or the finality of the decision referred to in Article 17 of this Act.
(2) A private detective's licence and identification card shall be revoked if the Competent Authority issues a decision which is subject to appeal. An appeal shall be dealt with by the Ministry.
(3) When the decision revoking a licence and detective identification card becomes final, the Competent Authority shall remove the private detective's name from the register of detectives.

V. TRAINING AND DETECTIVE EXAM


Article 22

(Professional Training and Detective Exam)


(1) Before sitting a detective exam, a candidate for a licence shall engage in programmes for professional training and the development of expert knowledge and skills (hereinafter: the Programme).
(2) A private detective shall qualify for licensing if he has passed a detective exam or if his professional qualifications have been recognised in accordance with the regulations governing professional qualifications acquired abroad.
(3) The minister responsible for the interior shall prescribe the programme for the detectives, as well as the fees, personnel and material requirements for its implementation and the way in which the detective exam is to be conducted.

Article 23

(Granting Public Authority)
(1) By way of a decision, the Ministry may grant a public authority on a legal person authorising it to carry out professional training and advanced training for private detectives if the following apply:

- the legal person is registered as an operator of accredited education and training programmes;

- the legal person employs a professional whose task is to organise professional and advanced training, and who has acquired qualifications from a professional study programme at Level One or an equivalent thereof in accordance with the relevant regulations governing Level One study programmes, and who has passed a teaching exam and a proficiency exam for educators;

– the legal person has lecturers and other personnel, fulfilling the conditions prescribed for specific areas of professional and advanced training;

- the legal person has access to the premises, equipment and teaching materials prescribed for the implementation of individual programmes; and

- there are no disqualifying circumstances which would imply the improper implementation of the programmes.


(2) The holder of a public authority shall at all times comply with the conditions defined in the preceding paragraph, and shall execute public authority in a lawful and timely manner, as defined in this Act or its implementing regulations. The implementation of the approved programmes shall be supervised by the Ministry. If during supervision it is established that the holder of the public authority no longer complies with all the relevant requirements or has failed to carry out the public authority in the manner specified in this Act or the regulations issued pursuant to it, the Ministry shall caution the holder of the public authority, who shall then be required to eliminate any irregularities identified within a month. If the holder of the public authority fails to eliminate these irregularities within the period specified, the Ministry shall withdraw the public authority. The duties of the holder of the public authority shall be assumed by the Ministry or transferred to another holder through a public tender. The Competent Authority may also propose that an inspection of the training provider is carried out.

Article 24

(Periodic Training)


Every four years, the Chamber shall organise a training session for all private detectives to attend. The content and duration of this periodic training session shall be prescribed by the minister responsible for the interior.

VI. RIGHTS AND DUTIES OF A PRIVATE DETECTIVE


Article 25

Authorisation to Engage in Private Detective Services


(1) A private detective shall engage in a private detective services solely on the basis of a written authorisation stating the type of information he is gathering under this Act, the purpose for the gathering of the information in question, and the scope of authorisation. Such authorisation shall be enclosed with a contract concluded between the private detective and his client.
(2) A client may transfer on the private detective only his own rights.

Article 26

Detective Scope of Operation
(1) A private detective may perform the services defined herein.
(2) A private detective may gather information on the following:

- missing persons or those who have been kidnapped, and perpetrators of pecuniary and non-pecuniary damages;

- anonymous letters and their authors and senders;

- debtors and their property;

- missing or lost objects;

- evidence required for the protection or proof of the rights and entitlements of individual parties before judicial and other authorities and organisations deciding on such rights in proceedings;

- the adherence to the prohibition of competition and non-competition clauses;

- the performance and business operations of companies;

- criminal offences prosecuted by private actions and the perpetrators of such criminal offences;

- violations of the right to sick leave towing to illness or injury, violations of the right to have employment-related travel expenses refunded, violations concerning alcohol and illicit drug abuse at work or other disciplinary violations or violators.


(3) A private detective may act as a process server and serve letters of service and other items on the addressee. A private detective shall comply with any special regulations governing the service of process.
(4) A private detective may advise natural and legal persons on crime prevention.
(5) A private detective may plan and effect measures to protect business secrets, information systems, economic and personal data, and information.
(6) A private detective shall implement the entitlements conferred upon him by other statues.

Article 27

(Entitlements)
(1) A private detective shall be entitled:

- to collect data directly from persons or publicly accessible sources;

- to acquire data from records;

- to engage in surveillance;

- to use any technical means at his disposal.
(2) A private detective may perform services for a client within the scope defined in this Act or other relevant statutes.

Article 28

(Obtaining Data from Persons or Public Resources)
A private detective may obtain information directly from the person to whom such information relates, as well as from other persons in possession of such information if they are willing to provide such information of their own accord, and from publicly accessible sources.

Article 29

(Acquiring Data from Records)
(1) Within the scope of a written authorisation obtained from the client, a private detective shall have the right to obtain data from the following:

- vehicle registration data (the registration number, owners' data, vehicle data);

- the permanent population register and central register of population (personal name, date of birth, personal registration number, citizenship, time and place of permanent and temporary residence);

- the records of insured persons (employment, employer, subsequent and previous jobs);

- the Slovenian ship and aircraft registers (vessels and owners).
(2) A data controller shall make the data referred to in the preceding paragraph available to a private detective in accordance with the authorisation specified in Article 25 of this Act no later than 15 days after receipt of a detective's written request. A request may be submitted verbally with the Competent Authority. In either case, the requesting private detective must submit a photocopy of the authorisation.
(3) A private detective shall be entitled to inspect court and administrative records and make copies of the data contained therein provided that the same right is enjoyed by the authorising client in accordance with the relevant statute.

Article 30

(Surveillance)
(1) A private detective may personally acquire information by carrying out surveillance in a public place or from a public place, from publicly accessible open and closed premises, as well as from places and premises visible from publicly accessible places or premises.
(2) In effecting the entitlements referred to in the preceding paragraph, a private detective may not operate in closed private premises or private premises that have been separated from a public area with a fence, obstacle or clearly marked signs indicating that the area is private.

Article 31

(Use of Technical Means)
(1) When performing surveillance activities, a private detective may use image-capturing devices within the scope of his authorised tasks, but only if this is absolutely necessary to secure the evidence.
(2) While complying with the prohibition referred to in the first paragraph of Article 32 of this Act, a private detective may use audio recording devices or other aids to secure evidence and traces. An audio recording device may only be used if the person on whom it is to be used has given his verbal or written consent.

Article 33

(Prohibitions)
(1) A private detective may not:

- exercise powers that have been delegated to the police, courts and other judicial authorities on a statutory basis;

- use covert investigation methods used, in accordance with the law, by the police, the Slovene Intelligence and Security Agency and the Intelligence and Security Service of the Ministry of Defence;

- engage in private detective services on behalf of domestic and foreign security or intelligence agencies or political parties and institutions founded by political parties.


(2) Notwithstanding the provisions of this Article, a private detective may perform his services for state authorities pursuant to Articles 26 and 27 of this Act.

Article 33

(Duties and Non-disclosure)
(1) Information and data collected by a private detective for a client shall be considered a business secret in accordance with the law regulating companies, and shall not be forwarded to third parties.
(2) A private detective is obliged to also maintain the confidentiality of the information and data referred to in the preceding paragraph after completing his services for the client.
(3) The information and data collected for a client by a private detective may only be processed and used for the purposes for which they were obtained.
(4) A private detective shall hand over to the client all and any data gathered in accordance with the contract.
(5) Within the scope of the private security tasks entrusted to him, a private detective shall be bound to safeguard any business secrets and maintain the confidentiality of personal data and classified information obtained in accordance with data protection regulations. A private detective shall also safeguard the secrets and data obtained during the performance of his detective services after the termination of his employment.
(6) In cases where, during his assignment, a private detective reveals any information about a criminal offence which is subject to prosecution ex officio, he shall inform the Competent Authority thereof.

VII. DETECTIVE SERVICES IN RELATION TO FOREIGN DETECTIVES' SERVICES


Article 34

Requirements for Non-Slovenian Private Detectives


(1) Non-Slovenian legal or natural persons with an office registered in the EU and EEA Member States or the Swiss Confederation or in a country bound by a relevant international agreement (hereinafter: non-Slovenian private detectives), may perform private detective services in the Republic of Slovenia under the same conditions as those applying to the detectives who have registered their activity in the Republic of Slovenia based on this Act, unless otherwise stipulated herein.
(2) Non-Slovenian private detectives who have acquired the right to engage in private detective services in their home country may perform services in the Republic of Slovenia permanently through a branch office registered in the Republic of Slovenia (hereinafter: permanently) or occasionally (hereinafter: cross-border). They may perform private detective services regardless of the type of establishment, but must be screened for compliance with the relevant requirements before engaging in such services for the first time.
(3) The home country shall mean the country in which the persons referred to in the preceding paragraph are entitled to perform professional private detective services in accordance with the regulations of that particular country.
The decision procedure regarding the rights of a non-Slovenian private detective to perform the services in the Republic of Slovenia, the definitions of terms and the procedure for the award of the certificate of approval shall be subject to the regulations governing the field of activities of the internal EU market (hereinafter: the EU) and the regulations governing the recognition of vocational qualifications for the performance of regulated professions in the Republic of Slovenia, unless otherwise provided by this Act and regulations issued on the basis thereof.
(5) The application of a Slovenian citizen who is entitled to perform private detective services abroad shall be considered under the same conditions as that of a non-Slovenian applicant.
(6) An application requesting permission to perform private detective services in the Republic of Slovenia shall be filed with the Competent Authority. The application shall contain the following:

- the personal data of a non-Slovenian private detective who seeks to carry out detective services in the territory of the Republic of Slovenia (name, family name, name of legal entity, citizenship, address, place and post office number, home country, telephone number, e-mail address);

- the home country certificate authorising the performance of private detective services (a permit allowing the performance of detective services issued by the home country and containing the name and address of the Competent Authority);

- proof of the professional qualifications acquired and referred to in Article 35 of this Act;

- a certificate confirming that the person concerned has not been prohibited from performing private detective services in his home country;

- proof issued by the country in which the person in question has resided over the last five years, confirming that he has not been convicted for a premeditated criminal offence, prosecuted ex officio, minor offences involving violence or drug related crimes;

- proof of the possession of damage liability insurance for any damage that may occur during the performance of services.
(7) The damage liability insurance shall be deemed valid upon the presentation of a document proving that the insurance, arranged either in the Republic of Slovenia or the home country, covers any damage that may occur in the Republic of Slovenia, and satisfies the requirements under this Act.
(8) In the absence of regulations governing private detective activities in the home country, the non-Slovenian applicant must provide evidence that he has been performing private detective services continually or for at least two years over the last ten years.
(9) All the documents referred to in Article 12 and the sixth paragraph of this Article must be translated into Slovene.
(10) The Competent Authority shall enter a foreign private detective performing detective services into the register of detectives and notify the detective concerned and the Ministry thereof. Upon entry in the register of private detectives, the person concerned shall be considered licensed to perform private detective services and shall inform the Competent Authority of his home country thereof.
(11) The Competent Authority shall ex officio grant an official identity card to those security personnel who have not acquired one in their home country, allowing them to perform cross-border activity and serving as proof of their right to perform private detective services in the Republic of Slovenia. A non-Slovenian private detective seeking to perform private detective services continually or establish a private detective agency or seek permanent employment in the Republic of Slovenia, shall be issued with an official identity card in accordance with Article 10 of this Act.
(12) At the request of an inspector or the inspectorate of the ministry responsible for the interior or a police officer, a foreign private detective performing private detective services in the Republic of Slovenia shall produce proof of the permission granted to perform the services in question and the relevant authorisation.

Article 35

(Recognition of Vocational Qualifications Acquired Abroad)
(1) Upon receipt of an application from a non-Slovenian private detective, the Competent Authority shall verify its compliance with the requirements and vocational qualifications stipulated in this Act before allowing engagement in private detective services for the first time or in a cross-border manner, establishing a private detective agency, and registering the status of a sole proprietor in a business register or employment. The purpose of establishing preliminary compliance with the relevant requirements and vocational qualifications is to ascertain whether the person in question possesses the knowledge, skills and competences necessary, thereby preventing any serious damage from being inflicted on the security of clients and other persons.
(2) The application for the recognition of vocational qualifications shall be lodged in line with the act governing the recognition of vocational qualifications acquired in the EU Member States. In addition to the documents referred to in Article 34 of this Act, the application must be supported by a citizenship certificate, a diploma, a certificate of qualifications or other documents confirming the applicant's level of education, professional qualifications, experience, and other competencies, as well as certificates attesting to the type and content of the training completed.
(3) If, in assessing whether the candidate's professional qualification documents correspond to the professional qualifications of the profession of private detectives in the Republic of Slovenia, the Competent Authority establishes that the candidate has not complied with the requirements, it shall issue a temporary decision inviting the candidate to fulfil any of the two additional criteria:

- to take an aptitude test; or

- to fulfil the remaining requirements for the recognition of professional qualifications within a specified adaptation period.
(4) If the Competent Authority fails to render its decision within the period specified, the professional qualifications shall be deemed recognised. An appeal shall be decided upon by the Ministry.

Article 36

(Private Detective Services Performed by Third-Country Nationals)
(1) A non-Slovenian legal or natural person other than a citizen of the EU and EEA Member States or the Swiss Confederation or of a country with which a special international agreement has been concluded, who has acquired the right to pursue detective activities in their home country may engage in this activity in the Republic of Slovenia under the same conditions that apply to foreign private detectives provided that the additional condition of reciprocity applies.
(2) Material reciprocity shall be deemed to exist if countries other than the Member States of the EU or the European Economic Area or the Swiss Confederation extend to citizens of the Republic of Slovenia the same right to pursue a regulated profession under the same or similar conditions as those granted to the citizens of those countries, and if the fulfilment of these is not substantially more difficult from those defined in the legislation of the Republic of Slovenia for the citizens of countries other than the Member States of the EU, European Economic Area or the Swiss Confederation.

Article 37

(Denial and Revocation of Approval)
(1) A person from a Member State of the EU, the European Economic Area and the Swiss Confederation or a person whose registered office is located in a country with which a relevant international agreement has been concluded or a non-Slovenian legal or natural person from a non-EU Member State shall be denied approval if he is unable to comply with the conditions specified in this Act.
(2) The approval shall be revoked under the same conditions as those that apply to the revocation of a licence and detective identification card, as specified in this Act.

VIII. SUPERVISION


Article 38

(Inspection)


(1) The inspection of the implementation of the provisions of this Act and the regulations issued on the basis thereof shall be performed by the inspectorate of the ministry responsible for the interior. The inspection shall be carried out by inspectors.
The inspector shall supervise the enforcement of regulations governing private detective services as follows:

- he may check the existence and subject matter of the registers which the Competent Authority is required to maintain;

- he may check the existence and validity of licences for the performance of private detective services;

- he may check the existence and validity of authorisations for the performance of private detective services;

- if a contract has been concluded, he may check its purpose and validity in terms of performing private detective services;

- he may supervise the work of private detectives and private detective agencies;

- he may check the existence and subject matter of the records to be maintained by a private detective;

- he may assess the compliance with the provisions prohibiting the performance of certain tasks by private detectives;

- he may assess the manner in which a private detective protects the data obtained during the performance of private detective services or in respect thereof.
(3) At the request of an inspector, a private detective or agency shall produce the client's authorisation to engage in private detective services for inspection.
(4) While performing their duties, the inspectors may cooperate with public authorities, organisations and the holders of public authority and may request the help of the police, other inspection services and experts from individual professional fields that are the object of inspection.

Article 39

(Inspection Measures)
(1) The inspector shall, in addition to the general authorisations stipulated in the law regulating inspectorate supervision, reserve the right and obligation:

- to propose the revocation of a licence, in the event that the private detective in question no longer satisfies the requirements stipulated by this Act or if he fails to eliminate the irregularities or deficiencies ascertained within the period specified;

- to temporarily prohibit the performance of private detective services and to suggest that the Competent Authority revoke the licence owing to a private detective or agency's unlawful conduct if it is deemed a potential threat to the life and health of the public, public security or property of significant value, or poses a serious threat to the public interest;

- to propose that the Competent Authority launch a procedure against a private detective for the purpose of establishing disciplinary responsibility;

- to propose that the Competent Authority enact certain measures to eliminate deficiencies;

- to carry out the minor offence procedures in accordance with the act governing minor offences procedure.


(2) The legal and natural persons shall be obliged to implement any measure imposed by the inspector.
(3) An appeal against the decision of an inspector referred to in the second paragraph of this Article may be lodged with the Ministry within eight days of the service of the decision. An appeal against a decision shall not stay its execution.
(4) The Ministry shall decide on an appeal within eight working days.

Article 40

(Seizure of Objects and Documents)
In accordance with the act governing the minor offence procedure, an inspector may seize objects or documents subject to non-compliance with the provisions contained herein.

IX. RECORDS


Article 41

(Records of the Competent Authority)


For the purpose of providing data on private detectives licensed in the Republic of Slovenia and non-Slovenian private detectives permitted to perform the private detective services specified herein, the Competent Authority shall establish and keep the following:

- a register of detectives performing private detective services; and

- a record of periodic training undertaken.

Article 42

(Register of Detectives Performing the Private detective services)
(1) The following data on a private detective shall be entered in the register of detectives:

- name and surname;

- birth data (day, month, year and place of birth);

- unique personal identification number;

- citizenship;

- permanent or temporary residence address;

- professional qualifications;

- employment;

- date of completion of training;

- dates and numbers of the licence, detective identification card or the authorisation to engage in private detective services in the Republic of Slovenia;

- date of revocation of licence;

- registered office and business premises address.


(2) The private detective's personal details, licence number, company name and registered office are public and shall be published on the Competent Authority’s website.

Article 43

(Record of Periodic Training)
For the purpose of the availability of data concerning periodic training, the Competent Authority shall keep a record of the following:

- the name and surname of the private detective;

- the birth data of the private detective (day, month, year and place of birth);

- the private detective's unique personal identification number;

- the private detective's citizenship;

- the permanent or temporary residence of the private detective;

- the date and number of the private detective's licence;

- the date of commencement of the private detective's training;

- the date of completion of the private detective's training;

- the content covered by the private detective's training.

Article 44

(Access to Data)


(1) All records administered by the Competent Authority as specified in this Act may be accessed by an official appointed by the Ministry and inspectors whose competencies are defined in this Act.
(2) The administrators of records and the persons entitled to access these records shall be obliged to protect the data accessed in accordance with the data protection regulations and may use them only for tasks related to their competences or other tasks pursuant to this Act.

Article 45

(Private Detective's Records)
(1) For the performance of the duties stipulated in this Act, a private detective shall keep and maintain the following records:

- a record of authorisations;

- a record of the private detective services provided.
(2) The record of authorisations shall contain the following: data on the entity commissioning the private detective services (personal name and address of the natural person or business name and address of the legal person's head office); data relating to the authorisation on providing private detective services (authorisation number, date of authorisation, authorisation completion date); and data specifying the type of information collected (as defined in Article 26 of this Act) and a description of the detective services or objects.
(3) The record of private detective services provided shall contain the following: data on the authorisation (number and date) used as a basis for the drawing up of a report; data on the individual (name and surname, permanent or temporary address); data on the legal person (company and registered office) subjected to the detective activity, and the manner in which the entitlements were exercised (interview, surveillance, photos and video recording, inspection of records).

Article 46

(Data Storage)
(1) Data from the private detectives' records and agencies licensed to operate in the Republic of Slovenia shall be stored for five years from the termination or revocation of a detective licence.
(2) Upon the termination or revocation of a licence in accordance with the preceding paragraph, the record shall continue to contain data on the name, surname, address, company and registered office, and the revocation of a detective licence.
(3) The data from the authorisations record shall be stored for a period of five years after completion of the authorised services, while the data in other records shall be stored for a period of five years from their entry.
(4) Private detectives shall handle the documentary material in accordance with the regulations governing the protection of documentary and archived materials.

Article 47

(Electronic Management of Records)
The records referred to in this chapter may also be managed in electronic form.

Article 48

(Inspection of Detective Records)
(1) An individual shall have the right to view his data entered in the records.
(2) A private detective shall submit data from his records at the request of the Competent Authority or inspector.

Article 49

(Data Acquisition and Use)
(1) In order to verify compliance with the requirements for the performance of private detective services, the Ministry may, for the purpose of administering its databases, acquire and use the data, including personal data, from data records administered by state authorities, local communities and persons exercising public authority. The Ministry may acquire the data free of charge.
(2) The Competent Authority may acquire and use the data for the same purposes as referred to in the preceding paragraph.

XI PENAL PROVISIONS


Article 50
(1) A fine of EUR 400 to EUR 1 200 shall be imposed on a private detective who:

- has failed to perform the activity specified in Article 3 of this Act;

- has failed in his duty to supervise practising persons or apprentices, as specified in Article 4 of this Act;

- has failed to arrange damage liability insurance, as specified in Article 5 of this Act;

- has performed unlicensed detective activities (the first paragraph of Article 10);

- has failed to produce his detective identification card at the request of an authorised person, police officer or inspector (the third paragraph of Article 10);

- has pursued private detective services despite non-compliance with the requirements referred to in Article 12 of this Act;

- has performed private detective services despite the revocation of his licence, as specified in Article 16 of this Act;

- has performed private detective services despite the prohibitions on cross-border activities, as specified in Article 20 of this Act;

- has failed to produce his official identification card within the time period stipulated (the first paragraph of Article 21);

- has performed private detective services without a written authorisation (the first paragraph of Article 25);

- has acquired information and pursued activities in contravention of Article 26 of this Act;

- has acted in contravention of Articles 27, 28, 29, 30 and 31 of this Act;

- has applied the technical means specified in Article 31 of this Act without authorisation or consent;

- has engaged in prohibited tasks (Article 32);

- has acted in contravention of Article 33 of this Act concerning the safeguard of trade secrets, confidential and classified information;

- has performed private detective services specified in Chapter VII prior to entry into the register (the tenth paragraph of Article 34);

- has failed to produce his detective identification card at the request of an inspector (the third paragraph of Article 38);

- has continued to pursue private detective services despite suspension (the second indent of the first paragraph of Article 39);

- has failed to keep mandatory records (Article 45) or has maintained them improperly;

- has failed to store data in accordance with the method stipulated (Article 46);

- has refused the inspection of his records (the first paragraph of Article 48).


(2) A legal or natural person shall be liable to pay a fine of at least EUR 3 000 to EUR 5 000 for any of the infringements stipulated in the preceding paragraph.

(3) A fine of EUR 400 to EUR 1 200 shall be imposed on a responsible person of the legal or natural person who has committed an infringement referred to in the first paragraph of this Article.


(4) A fine of EUR 1 000 to EUR 2 500 shall be imposed on an individual who has performed unlicensed detective activities as specified in the first paragraph of Article 10 of this Act.
(5) A fine of EUR 3 000 to EUR 5 000 shall be imposed on a legal person, organisation or institution which, in exercising of its public authority, has acted in contravention of the second paragraph of Article 23.

XI. TRANSITIONAL AND FINAL PROVISIONS


Article 51

(Validity of Detective Identification Card and Licence)


(1) Licences and detective identification cards issued in accordance with the Private Detective Services Act (OG RS, Nos 32/94, 96/90, 60/07 and 29/10) may continue to be used.
(2) The Competent Authority shall align the existing detective identification cards with the provisions of this Act within three years of its entry into force.

Article 52

(Alignment of Regulations)
(1) The implementing regulations adopted on the basis of the Private Detective Services Act (OG RS, Nos 32/94, 96/02, 90/05, 60/07 and 29/10) shall continue to apply until new regulations have been issued in accordance with this Act, provided that they are not in violation of this Act:

- Rules governing the detective identification card (OG RS, No 10/04);

- Rules on the programme and process of testing candidates qualifying for a private detective licence for the provision of the technical security of persons and property (OG RS, No 17/96);

- Rules on the handling and processing of personal data in the performance of private detective services (OG RS, Nos 52/03 and 25/08);

- Rules on inspection in the area of detective services, private security inspector's official card and the procedure for the issuing thereof (OG RS, No 52/03) and;

- Rules on the special part of the professional examination for the position of inspector of the Internal Affairs Inspectorate (OG RS, Nos 126/04 and 138/04).


(2) The Competent Authority shall align the articles of association of the Detective Chamber of the Republic of Slovenia (OG RS, No 104/03) with the provisions of this Act within six months of its entry into force.
(3) Within six months after the entry into force of this Act the minister responsible for internal affairs shall prescribe in detail the following:

- the form, content and price of the certificate;

- the content of the application for a licence;

- the programmes of training and advanced training for detectives, the tariffs and requirements for their organisation with regard to staff, materials and the examination;

- the content and duration of the periodic training.

Article 53

(Transitional Provisions)
(1) Pending cases concerning the revocation of licences or detective identity cards which were initiated prior to the entry into force of this Act shall be concluded pursuant to the Act most favourable to the holder.
(2) Pending cases concerning the granting of licences or detective identity cards initiated prior to the entry into force of this Act shall be concluded pursuant to this Act.
(3) Individuals who have passed a detective exam prior to the entry into force of this Act but have not yet applied for a licence shall have the right to have their detective exam recognised within five years of the entry into force of this Act.
(4) Persons holding a private detective licence at the time of the entry into force of this Act shall be granted a licence certificate within 12 months of the entry into force of this Act.
(5) Private detectives licensed in accordance with the Private Detective Services Act (OG RS Nos 32/94, 96/02, 90/05, 60/07 and 29/10) must arrange liability insurance, as specified herein, within six months of the entry into force of this Act.

Article 54

(Cessation of the Validity of Regulations)
On the day of the entry into force of this Act, the Private Detective Services Act (OG RS, Nos 32/94, 96/90, 60/07 and 29/10) shall cease to apply.

Article 55


This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.






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