When conducting surveillance in public areas the investigator can photograph the adulterous spouse. Once the adulterous spouse enters a hotel room, apartment building, etc, the private investigator is not allowed to take photographs of the insides since that would be invasion of privacy. Photographing someone in private is limited and permitted for damages investigations (for insurance companies) and for an employer who has a “sickly” employee.
Private investigators and investigation office owners who did not have boundaries, found themselves being sued by 3rd parties for breaking the law and invading their privacy.
The investigator must know the fine details in the “Private Investigator law” and to know when he can continue the investigation and the photographs and where must he stop in order not to break the law.
Many investigators do not provide their clients with credible information in such investigations. They simply promise their clients that they will “incriminating photographs” that are needed for the rabbinical courts according to the Jewish law and where one can see.”the brush inside the tube.”
According to the law, a private investigator is not permitted to photograph a woman having sexual relations without her consent. Even the Supreme Court dealt with this issue several times following photographs that were taken by a private investigator showing a married individual having sexual relations and this evidence was not admitted in court since it was an illegal invasion of privacy.
Private investigators and investigation office owners have been put to trial many times due to their lack of knowledge of the law and their strong urge to find “incriminating footage” for one of the spouses, even if it is against the law.
Lately, a precedence was published by the great rabbinical court (regarding joint property of couples) in which a woman that has been unfaithful to her husband will not be entitled to a fair share of the shared property during the divorce. (see the enclosed article from “The Marker” from 18.02.07)
Locating hidden listening devices
According to the law, wire taps are when the listening party is not part of the conversation. There is a common mistake amongst clients who are going through a divorce, that the husband / wife can wire tap the telephone since it is registered under their name.
A private investigator that is knowledgeable in the law should explain this matter, since tapping the telephone line at home is considered a “wire tap”.
Wire tapping has been defined in the wire-tapping law 5739-1979, as one who listens in on a conversation without the consent of the participants of the conversation. A wire tap can be on a land line, a mobile line, a wireless communication device, fax, or computer communication.