PRIVATE DETECTIVE SERVICES and LEGAL STATUS
The requests that; are explicit crimes according to the Laws of the Republic of Turkey; are allowed limitedly even for the general law enforcement and met only with a court order; are not accepted as an evidence by no means in case they are obtained illegally; and are involving crime such as cell phone records, telephone tapping, and the violation of privacy are not met...
No request without legal basis is accepted.
The works that cannot be done in this context;
Cell Phone Records, Message Records or their content can be by no means provided.
The application of the spyware and bugging device is not accepted.
The requests of the individuals who do not have a blood tie in between are not accepted.
The requests of the institutions that do not have a commercial tie in between are not accepted.
The requests of the legal persons that do not have the transaction documents in between are not accepted.
It cannot sell any devices.
De Facto Status:
Because there is no tolerance for a gap in life and due to the arising needs, since the 90s the “private detective” services have been given “de facto” under names of investigation, consultancy, and security consultancy.
Due to the nature and delicacy of the subject, it is desirable to conduct such activities within a special legal regulation. Because this fact was recognized by the legislative body, a law was enacted in the Grand National Assembly of Turkey in 1994 in accordance with the proposal of one of the parliamentarians, but this law could not be put into effect because it was “vetoed” by the then President of the Republic...
However, since the needs continue to increase along with life, these services are still provided as mentioned above.
In a research on this fields, it was found that whether or not there is a law regulation on this field of work, the aforementioned services are still being provided in order to meet the ever increasing demands that arise within the complexity of life all over the world. In the same research, it is a fact that there some initiatives to demand and ensure that a special law is enacted in order to provide these services in a proper and sound way with high quality.
In order to update and put into force the Private Detective Law, a committee formed by the Private Detectives Association is working to update the draft, and on the other hand, efforts are exerted to obtain a high standard “Private Detective Law” through examining and translating the current laws from the countries all around the world. As result of these studies, the necessary communication channels and dialog were established with the official authorities and with the approval of the Government, it was ensured to be put on the agenda of the Interior Affairs and Constitutional Commission of the Grand National Assembly of Turkey on 30.10.2007. It is considered that a positive outcome will be achieved in the upcoming period.
And yet, it is considered that the “private detective services” are being carried out and can be carried out providing there is no violation of many existing laws. However, in order to ensure that these activities are carried out in a sound way, it is important that; a company be established by the natural and legal persons and the activities be officially recorded in accordance with the Commercial Law; and the work and transactions be carried out in accordance with the CODE of ETHICS and WORK STATUTE created by the All Private Detectives Association.