We invite you to read the column written by our partner, Álvaro Rosenblut, where he addressed the key points and main changes introduced by the Private Security Law.
Law No. 21,659 on Private Security recently came into force, following the enactment of the last of its regulations, contained in Decree No. 209, whose purpose is to complement the provisions established by the law, specify obligations, and establish technical, operational, and other aspects necessary for its implementation.
This new regulation governs various activities related to private security, including the storage, custody, transport, and distribution of dangerous objects, the installation and maintenance of electronic security systems, security consulting, and any other preventive activity for the protection of people, property, and production processes.
The law establishes clearer criteria for defining companies required to have private security, without prejudice to which, the Undersecretary of Crime Prevention is given the power to determine the level of risk of each entity, and whether they are required to do so. This classification entails requirements such as a security study approved by the regulator, the installation of surveillance cameras, security guards, and access controls, and, in some cases, for those classified as high risk, the use of armed private security guards.
The classification of a company as a mandatory entity depends on a variety of factors, including criteria such as the activities it carries out, the location of the establishment, the characteristics of its environment, its operation, the value or dangerousness of the objects found inside, the presence of the public, whether it performs strategic functions or provides public utility services, whether it transports and/or stores dangerous or high-value objects, among others.
How to avoid penalties
In light of the new regulations, and in order to avoid penalties and fines, companies must ensure that their surveillance and electronic security systems comply with the new regulatory standards and allow for interoperability for the transmission of information required by the authorities.
Anticipating and adapting to these new provisions will not only ensure legal compliance, but will also strengthen the security of logistics operations, protecting people and goods in a more efficient and coordinated manner with public security forces.
What I find particularly interesting about this new regulation is that its scope exceeds the traditional framework of public order regulation, containing provisions that generate changes in other areas of our legal system. For example, criminal law provisions are incorporated, creating new reporting obligations, a new criminal offense of breach of confidentiality, a special rule on recidivism, and a specific case of compensated disclosure.
Similarly, the Private Security Law incorporates rules on the processing and protection of personal data, rules on the employment status of security personnel, including the obligation to take out life insurance, rules on the tax treatment of private surveillance systems or security measures approved in accordance with the law, and special rules regarding the formality of contracts for the provision of various private security services.
Based on the above, and beyond the specific regulations on security systems, it is clear that the entire process of evaluating and rating regulated entities, and in particular the implementation of new regulatory provisions that go beyond this scope, will be a matter of particular relevance for many companies, operations, or establishments, in which the collaboration of specialists who can offer an adequate counterbalance to legal and regulatory requirements will be indispensable.
Column written by:
Álvaro Rosenblut | Partner | arosenblut@az.cl
