Can a private investigator use a GPS tracker or hidden camera?

When infidelity, sick-leave fraud or illegal subletting is suspected, the question comes quickly: can't the investigator simply place a tracker under the car or hide a camera? The answer depends on what is followed, where it happens and for how long. Below are the rules a licensed investigation bureau follows, and what is possible within them.

Which rules apply to a private investigator?

An investigation bureau in the Netherlands needs a licence under the Private Security Organisations and Investigation Bureaus Act (Wpbr). Part of that regulation is a statutory privacy code of conduct for private investigation bureaus (Staatscourant 2022, no. 5003). It applies to all licensed bureaus and elaborates the GDPR for investigative work. The Criminal Code and civil law also apply.

Three basic rules are central: an investigative method is used only after consulting the client, the purpose of the investigation must be clear in advance, and the least intrusive means takes priority (proportionality and subsidiarity). That means: if a fact can also be established without a tracker or hidden camera, that is what must happen.

Surveillance and following: what is allowed?

Observing in public is in principle allowed: anyone on the street or in a public space must expect to be seen by others. Long-term, systematic following is permitted only in special circumstances. An investigator refrains from observing people where they can claim to be able to be themselves, such as in a home, hotel room, fitting room or toilet. A telephoto lens or binoculars are allowed, and the report is limited to behaviour relevant to the assignment.

GPS tracker: when is it possible?

A GPS beacon is a permitted tool, provided it supports the surveillance. It helps, for example, to prevent an investigator from taking risks in traffic to avoid losing someone. The code of conduct names two situations where it is possible: on company vehicles and on private vehicles the subject uses for business, within the times relevant to the assignment.

Think of an investigation into an employee doing something else during working hours, unfair competition, or misuse of a lease car or company van. There a tracker is often an effective and proportionate addition. For personal belongings, such as a partner's private car, permanent following is generally too intrusive, because it gives an almost complete picture of someone's life. There too, a lot is often possible with other means, such as targeted surveillance. We assess that case by case.

Hidden camera: when is it possible?

Filming secretly with a technical device is a criminal offence if it is done unlawfully (articles 139f and 441b of the Dutch Criminal Code). A hidden camera is therefore an option where there is a weighty reason, such as suspected fraud, theft or sick-leave abuse, and it is prepared carefully. The code of conduct lists, among others:

• Only on an incidental basis, where there are clear indications of serious wrongdoing or criminal conduct, and only if necessary to provide evidence.
• Use less intrusive means first if they exist.
• Spare situations where people can claim to be themselves.
• Film as targeted as possible and for a limited period.
• Prevent misuse of footage and destroy irrelevant data.

An employer must carry out a DPIA (data protection impact assessment) before deployment. Employees must also have been told in advance, in general terms, that covert recordings are possible in some circumstances. This can be done with an internal notice to all staff (for example in the staff handbook or by email) stating the situations in which the employer reserves the right to film covertly. The code calls this a circular. If that was done, the code says no criminal offence is committed because the notice requirement is met. If not, a court later assesses whether the filming was unlawful. The investigator therefore asks the client to find out whether and how this was done. Inside a home, a hidden camera can generally not be justified, because it concerns the private sphere in which people must be able to be themselves. In corporate investigations it can, under the conditions above, be an appropriate means. We help you arrange the DPIA and preparation properly: contact us for a no-obligation discussion.

What is possible? Effective investigation within the rules

A great deal is possible within these boundaries. An investigation bureau can observe and follow people and situations in public, record footage with a camera vehicle, mobile cameras or a telephoto lens, and add digital research in open sources. A GPS beacon can help on company vehicles so a subject is not lost. And a hidden camera is, with a weighty reason and when lighter means fall short, an option under conditions. In practice, a well-planned, targeted and fully documented surveillance often delivers the evidence needed, and that evidence holds up.

Which combination of means fits depends on your situation. We discuss that in a free, no-obligation intake conversation: what you want to know, what is needed and what is possible within the rules. Contact us and we will think along with you.

What do the courts say?

Courts look critically at the intensity of an investigation. In an alimony case the court ruled that the duration and frequency of the observations, together with the detailed reporting, amounted to an impermissible infringement of private life, resulting in damages (ECLI:NL:RBHAA:2009:BJ3060). In another case, occasional observation from the public road was not an infringement (ECLI:NL:RBZUT:2007:BB1491). More recently the Arnhem-Leeuwarden Court of Appeal found that a month-long investigation of a sick employee, which also captured his family, was seriously culpable conduct by the employer, partly because of the infringement of privacy (ECLI:NL:GHARL:2024:6463), as also described by Advocatenblad.

How to get evidence that holds up

The aim of an investigation is evidence you can use: in a conversation, a settlement or proceedings. That works best with a bureau that explains in advance which means it uses and why, records the purpose in writing and starts with the least intrusive method. That way the evidence is lawfully obtained and harder to challenge. Evidence obtained unlawfully, for example with a tracker under a private car, can work against you in proceedings. Read more in our article on how to choose a private investigator and on the page is it legal?. What we use is described under technology & equipment.

Frequently asked questions

May a private investigator follow my car with a GPS tracker?

Yes, in support of surveillance and in principle on company vehicles or private vehicles used for business. For personal belongings it is generally too intrusive, but other means often reach the same goal. We are happy to discuss what fits your case.

May I place a tracker on my partner's car myself?

We advise against it: as a private individual you risk acting unlawfully, and the evidence can work against you. A bureau often has many lawful options. Contact us and we will discuss for free what is possible in your situation.

May I put a tracker under my car if my partner drives it and I am the owner?

Usually not. It is not about who owns the car, but about whose movements are being followed. The exception in the code of conduct applies to company vehicles and to private vehicles the subject uses for business. A tracker in a private car gives a complete picture of the driver's life and affects their private life, even if you are the owner. There are often other lawful means to reach the same goal. Contact us and we will discuss for free what is possible in your situation. This is general information; have a specific situation assessed by a lawyer.

May a private investigator place a hidden camera in my home?

In a home that is generally not justifiable. For most cases it is not needed either: surveillance in public places often delivers enough. We are happy to discuss what works best in your case, contact us without obligation.

Can evidence from a tracker or hidden camera be used in court?

Unlawfully obtained evidence may be submitted in civil proceedings, but the court weighs how it was obtained, and using it can itself be unlawful. Discuss in advance with a lawyer which evidence you need.

This article is general information and not legal advice. As far as we could establish, the 2022 code of conduct is the current version; always check the current rules in a specific case.