Private security: reinforced supervision

Categories: Blog

The sector private security is in full growth, in particular in the context of the preparation of major events like the Rugby World Cup in 2023 and the 2024 Olympic Games. Several measures are of interest to private security companies and strengthen their control.

The subcontracting cascading into private security is limited. CNAPS skills are strengthened. It ensures the issuance of titles in the sector and the control of its actors. The conditions for obtaining a professional card for agents are tightened and the obligations that company directors must fulfill are also revised upwards.

In order to recruit qualified people on a massive scale, in particular for the 2024 Olympic Games, the national police officers will be able to accumulate, by way of derogation, their retirement with a salary derived from a private security activity. The government is empowered to issue ordinances in the area of ​​private security.

Comprehensive Security Act

The law on “comprehensive security preserving freedoms” covers municipal police forces, private security companies, surveillance tools and the protection of law enforcement agencies. The concept of global safety is based on the idea that work should be better articulated between police, gendarmerie and the private security sector.

The comprehensive security law plans to considerably strengthen the powers and role of private security, to make them real police auxiliaries.

The prefect can ask private security agents to carry out surveillance missions against acts of terrorism. Especially for the 2024 Olympics and the Rugby World Cup.

The private security agents will be able to carry out safety pat-downs within the framework of certain events, in particular sporting and cultural.

They will also be able to draw up minutes and note the identity and address of somebody. If this person cannot prove their identity, the agent can hold her back until the police intervene. In the event of non-compliance with this order, the prescribed penalty is 2 months’ imprisonment and a € 7,500 fine.

Sanctions changes for security companies

– The ban on the exercise of private activity temporary security is increased to a maximum of 7 years instead of 5 years

– The possible publication of sanctions on the CNAPS website or on media it designates: By decision of the CLAC (Local Approval and Control Commission) territorially competent, the sanction pronounced against natural or legal persons may also, given the seriousness of the alleged facts, be published on the CNAPS website, without the duration of this publication being able to exceed five years.

Obligation on outfit

Obligation to visibly affix a ID number individual and comprising one or more common identification elements, according to modalities determined by order of the Minister of the Interior.

Remote monitoring : Wearing special clothing is not compulsory for agents carrying out activities of remote surveillance of movable or immovable property when they are not in contact with the public.

The CNAPS gains in power

CNAPS agents are empowered to investigate and record in a report, during the checks they carry out, the infringements provided for in CSI book VI. The reports that they establish may include the spontaneous declarations of the persons present during the control and are sent to the district prosecutor with territorial jurisdiction.

Collection or statement of identity: the agents of CNAPS sworn and commissioned persons are empowered to collect or record the identity and address of the alleged offender.

CNAPS sworn officers may detain you by force : And a security agent or an employer refuses or is unable to prove his identity, the CNAPS agent who draws up the report immediately reports to any JPO of the national police or the national gendarmerie with territorial jurisdiction, who can then order him without delay to present the person concerned to him or to detain him for the time necessary for his arrival or that of a judicial police officer acting under his control. In the absence of such an order, the CNAPS agent cannot detain the person concerned.

If you refuse to follow a sworn CNAPS controller : the safety officer or the employer concerned is required to remain at the disposal of the CNAPS agent. Violation of this obligation is punishable by two months’ imprisonment and a € 7,500 fine. The refusal to comply with the order to follow the agent to be presented to the judicial police officer is punishable by the same penalty.

The appointed officers of the CNAPS will be competent to seek and note the offenses constituting illegal work and those relating to the employment of a foreigner not authorized to work.