Reconnaissance
Dedicated team
Never a single operative. The relay of observers ensures continuity and reduces the risk of being spotted.
Services · Cross-cutting technique · Cross-cutting investigative technique
Legal surveillance and dynamic observation in Milan
It is one of the oldest investigative techniques and, today, one of the most tightly regulated under Italian law. When applied correctly — in line with art. 134 TULPS, the GDPR and the case law of the Court of Cassation — it remains one of the most effective tools for documenting conduct of legal and corporate significance.
Definition
What legal surveillance is
Legal surveillance is the technique of dynamic observation of a person during their movements in public, aimed at documenting behaviour, acquaintances, locations, and the consistency between what is declared and what is observed.
It is not «chasing someone». It is a structured activity, carried out by trained operatives licensed under art. 134 TULPS, with suitable equipment, defined timeframes and progressive documentation, that respects two essential constraints: lawfulness and the dignity of the person under observation.
Scenarios
When it is the right technique
Surveillance makes sense when the objective calls for observing concrete behaviour over time: movements, meetings, routines, and the consistency between what a person declares and what they actually do.
Marital infidelity
Documenting a habitual or ongoing extramarital relationship.
Child custody
Verifying how a parent manages time with the children and their own acquaintances.
Abuse of Legge 104/92 (Italian law on disability leave) and instrumental sick leave
Establishing whether an employee uses leave or a period of sick leave in a way consistent with the purpose the law is meant to protect.
Unfair competition
Documenting meetings with clients, suppliers or former colleagues involved in competing activity.
Moonlighting
Proving the existence of a parallel work activity incompatible with the current employment relationship.
When the objective does not require observation over time, we propose other techniques (documentary analysis, open source, qualified interviews). Surveillance is a tool, not an automatic reflex.
Method
How we work in the field
- Tools
Professional equipment
Cameras with suitable lenses, discreet video recording, precise geolocation of the material.
- Shifts
Rotation
For extended observations we rotate personnel and vehicles, so that our presence does not become noticeable.
- Documentation
Progressive documentation
Each day closes with an internal written record, a timeline and indexing of the multimedia material.
- Debriefing
Briefing and debriefing
Every session has a plan, and every session closes with an internal update to the team and, where agreed, to the client.
Regulatory framework
Court of Cassation · GDPR · TULPS
Admissibility of legal surveillance in proceedings
Evidence gathered through legal surveillance is admissible in proceedings when the activity is carried out in compliance with four cumulative conditions.
In employment matters the Court of Cassation has confirmed, in several rulings, the admissibility of the investigative report as an item of evidence that the judge may assess (among others, Cass. civ. sez. lav. n. 4984/2014, n. 9217/2016, n. 25674/2018, n. 16622/2020). These judgments point to the legitimacy of engaging investigative agencies licensed under art. 134 TULPS to verify infidelity, abuse of Legge 104, and instrumental sick leave, always provided that the observation takes place away from the workplace and with respect for personal dignity.
Our reports are built to hold up precisely in that setting, with a chain of custody for the evidence and a record of the operatives, vehicles and times involved.
Cumulative conditions for admissibility
- outside the workplace (essential for corporate investigations)
- in public spaces or spaces accessible to the public (streets, car parks, open premises, not a private residence)
- with respect for the dignity of the person under observation
- with fully traceable documentation (date, time, operatives, vehicles, locations)
Ethical boundaries
What we avoid — operational limits
Legal surveillance is not, and does not include:
- intrusion into a private residence
- installing trackers or concealed devices without authorisation
- surveillance of minors as a target in their own right
- observation in settings where the person has a legitimate expectation of absolute confidentiality (e.g. healthcare facilities, professional practices)
- stalking or intimidation disguised as an investigation
Every engagement has a written, verifiable scope. We never step outside that scope. Surveillance self-organised by a private individual (not a licensed investigator), persistent and capable of generating a state of anxiety, may constitute the offence of stalking (art. 612-bis of the Italian Criminal Code).
Frequently asked questions
Frequently asked questions
Answers to the recurring questions about the admissibility, duration, legality and methods of investigative surveillance.
Is surveillance legal in Italy?
Yes, if carried out by a private investigator licensed under art. 134 TULPS (the Italian consolidated public security act), in compliance with the GDPR (Reg. EU 2016/679) and with respect for the dignity of the person and the places involved (public spaces or spaces accessible to the public). It is unlawful, however, where it violates a private residence (art. 614 of the Italian Criminal Code), uses interception devices that are not permitted (art. 617 of the Italian Criminal Code), or exceeds the person's reasonable expectation of privacy. Following someone without a professional licence may constitute the offence of stalking (art. 612-bis of the Italian Criminal Code) where it is persistent and capable of generating a state of anxiety.
Is following someone a crime?
It depends on who is following and for what purpose. For a licensed private investigator (art. 134 TULPS) operating under a lawful engagement, in public spaces, with respect for the dignity of the person and for the GDPR, surveillance is a legitimate professional activity. For a private individual who follows someone on their own initiative, persistently, causing fear or anxiety in the victim, it may constitute the offence of persecutory acts (stalking, art. 612-bis of the Italian Criminal Code), punishable by imprisonment of 1 to 6 years and 6 months.
Is video and photographic material from surveillance evidence in court?
It is documentary evidence that the judge can assess, together with the investigative report. The judge freely evaluates these elements (art. 116 of the Italian Code of Civil Procedure), taking into account how they were collected, their traceability, respect for the person and proportionality. Surveillance conducted correctly produces material that is fully usable in civil, employment and criminal proceedings.
How long does an average surveillance operation last?
It depends on the objective. Surveillance for abuse of Legge 104 or instrumental sick leave usually closes within 1-2 weeks of focused observation. A marital infidelity investigation lasts on average 5-15 days. Unfair competition often requires longer, intermittent monitoring spread over several weeks.
How many operatives are involved in a surveillance operation?
Professional dynamic observation requires at least two operatives at the same time, often three. A single-person approach is one we discourage: it increases the risk of being spotted and reduces the evidential quality of the material collected.
Can the person under observation become aware of the investigation?
If the surveillance is conducted correctly, no. We work with rotating personnel, appropriate distances and discreet equipment. A degree of caution must nonetheless always be maintained: no professional operative guarantees absolute invisibility, but the risk in a well-structured engagement is marginal.
Let's talk
A first confidential conversation commits you to nothing
Let's assess together whether legal surveillance is the right technique for your objective. Operating base in Milan, engagements across Lombardy and all of Italy.