Private investigators are very often called in to help in the search for a person.
Through these searches, the detective can locate an individual, in particular by finding their contact details.
There are a number of reasons why an investigation into a missing person may be initiated. For example, investigations may be launched to find a family member or close friend who has been lost to history, with the aim of re-establishing ties. The search may also be carried out as part of legal proceedings or in the case of a complex inheritance.
Depending on the reason given by the claimant, the rule of law to be applied will be different. This will have a direct impact on the disclosure of contact details. Disclosure may or may not be subject to the prior authorisation of the person sought.
General information on tracing
Investigating in order to renew family ties or friendships
Searching for a family member
Tracing a family member, also known as ‘Family Tracing’, was initially introduced after the First World War. Until 2013, any adult wishing to trace an adult family member could submit a request. The task of tracing was then entrusted to the gendarmerie or police forces, who had the power to decide what action to take on the request.
Today, however, the police no longer carry out searches of this kind, with the exception of worrying disappearances. As a result, private detectives are increasingly called upon to carry out this type of assignment.
Search for a relative
It is also possible to call on the services of a private individual to find a long-lost relative. This is usually an old friendship that has not been voluntarily severed. The person wishing to re-establish contact can ask for the help of a detective to accompany them in their search.
Searches as part of legal proceedings
Two situations may arise in this type of search. Firstly, a person may be sought with a view to being summoned to court. But a person may also be sought in order to enforce a court decision.
Investigation prior to litigation
Applicants for legal proceedings do not always have the address of the person they wish to take to court. They therefore need to find out this information beforehand so that they can pass it on to the lawyer or bailiff handling their case. In this way, the detective can intervene before the lawyer or bailiff.
Investigating an enforcement order
Once a court order has been issued, it is legitimate for people to want to enforce it. Sometimes, however, they are unable to do so because the debtor no longer lives at the address given. As a result, the many letters sent are returned to the sender and the third party cannot be contacted. This is when the evidence professional can intervene to find the debtor’s new address and enable the court order to be enforced.
Means and communication of results
How does the private investigator arrive at the result?
There are several types of investigation: administrative investigations, field investigations and mixed investigations, which combine the two.
As part of a person search, the private detective very often carries out an administrative investigation. Most of the time, these investigations are conducted from the detective’s office. However, in some cases, it is essential to carry out field checks. For example, the investigator may go on site to check a letterbox, an intercom or to carry out a neighbourhood survey. Each assignment is unique and requires a specific plan of action that only a professional can carry out.
What does the law say about disclosing contact details?
In principle, disclosing contact details without the consent of the person sought constitutes an invasion of privacy.
However, there is an exception. If the purpose of the concealment is to evade the fulfilment of obligations or the enforcement of a court order, the detective may disclose the contact details of the person sought.
On the other hand, if the person wishes to find a family member or close friend, prior authorisation will be requested before sharing the new contact details. However, in the case of a debtor, the contact details may be disclosed directly to the principal. Finally, in the case of a person to be taken to court, the contact details will be communicated directly to the lawyer as part of the shared professional confidentiality.
