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state organs, organs exercising public authority and legal persons who decide on their individual rights, and
in order to ensure their success in business and enterprenership in it.
Constitution (Article 16, paragraph 3) guarantees the Macedonian citizens free access to information
and freedom to receive and impart information. Detectives perform detective services by gathering data and
information for the needs of citizens. Thus, if a citizen has the right to free access to information of interest
to his life and work, this right has the detective who works for him. The success of detective intelligence
most directly depends on the efficiency of the work of detectives. Constitution and normative legal
regulation contained in the Law on Detective Activity and other laws regulating the right on detective
inteligence allow detectives to be effective intelligence workers. They can become if they work properly and
they will work properly if they adhere to the provisions of the Constitution and these laws.
The successful performance of detective activity requires a sound knowledge of civil law - real,
property, obligation, family and inheritance law. This is because the detectives, in the performance of their
professional duties, collect, among other information and data, collect the data about protection the civil
rights of the client regarding ownership, property, contractual relationships, family relationships and
inheritance. In adition it requires sound knowledge of procedural proceedings - administrative proceeding,
litigation and non-disputed procedure in which civil law relations are argued. The Family-law relations
belong in the area of these relations. Data on family relationships mostly relate to the personality of the
subjects of these relations, as such these are personal data. Personal information and data is private matter of
the person, something as an information belongs only to him. Security and confidentiality of these data
however is something that guarantees his mental peace and tranquility. No peace, no mental tranquility if
everybody can come and when everyone wants personal and private data. Nobody, no individual nor the
government, has the right to inspect the personal data of the individual, except, of course in situations when
it comes obviously endangering national security, public safety, economic well-being of the country,
prevention of crime, protection of health of man and other people, protection of morals or the protection of
the rights and freedoms of others. But, in such cases only authorized persons can come and use the personal
data of individuals and in procedure prescribed by law for the protection of those data. For unauthorized
persons and persons who can not prove their legitimate interest in access to available data, the data must be
inaccessible. All persons to the law for good cause, are allowed to come to the personal data of citizens
(doctors, judges, lawyers, autorised persons of from public and state security, notaries, bailiffs, experts,
academics, and others.) are obliged to keep these data from uninvited persons as a business or as a trade
secret. In contrary, they will conflict with the provisions of Article 18 of the Constitution, the Law on
protection of personal data, as well as the provisions of the Criminal Code and criminal provisions of many
other laws which establish obligations to store secret data and appropriate penal sanctions for unauthorized
provision of these data to uninvited persons.
The Law on Detective Activity, in the collection of personal data, is very restrictive. The provisions of
Article 14, paragraph 1 and 2, prohibit the detective to collect data on personal and family life, health or
religious beliefs of people, unless it is grounds for divorce or refers to a family member of a party.
Furthermore, detective can not collect data on political beliefs and actions of individuals. All these
restrictions apply to data and information which is private thing of man, what belongs to the private sphere
of his life and conduct, which should not and must not be interested by other person, nor state government.
Any interest in the private life of the man, his views, his feelings, his political and religious beliefs is a
violation of privacy, violation of freedom of life. There is no freedom if someting and somebody violates
human privacy.
Detective activity is a broad field of actions and provides excellent opportunities to detectives in their
daily work to the discharge of professional responsibilities to protect the freedoms and rights of citizens
guaranteed by the Constitution. In connection with this, every detective should know deeply the essence of
freedoms and rights of citizens guaranteed by the Constitution of the Republic. This knowledge should be an
element of his rational and emotional sphere. He should treat them with reason and feelings (cum ratio et
emotio). Only such knowledge and attitude towards freedom and human rights is a guarantee of detective's
quality work. Such knowledge of human rights and freedoms and treatment of them is a trait of cultural,
dignified and loving right detective. Such detective will certainly contribute to the promotion and protection
of human rights and will be the creator of a new democratic legal culture in society without which there is no
social progress.
General constitutional basis for the detective activity in the Republic of Macedonia and for the
adoption of the law by which it is regulated is in Article 16, paragraph 2, of the Constitution of the Republic
of Macedonia by which citizens are guaranteed free access to information and freedom to
receive and impart
information. However, certain provisions of the Law on Detective Activity, have a constitutional basis in