Keys to the Private Security Law 2026

• ¿Qué regula la Ley de Seguridad Privada?
• Modificación del artículo 69 de la Ley 5/2014

One of the elements that is most often used to guarantee the security of our home or workplace is security cameras. However, We must be aware that recordings to third parties are limited by Law under possible sanctions, so it is important to know these limits.

• Protect your industrial environment and yourself with these devices

It is important to know what type of images we can and cannot record and how long it is allowed to keep them saved. These issues are regulated both in the Law 5/2014 private security as in the Data Protection Law 7/2021.

What regulates the Private Security Law?

First of all, you must be aware of what the fundamental aspects that regulates the Private Security Law. This regulation applies to personal and companies private security, as well as private detective offices .

Let us remember that, although the state security forces and bodies are primarily responsible for the protection of citizens, they have the right to contract additional private services to increase the security in your business .

This regulation, however, specifies that private security is complementary and subordinated to public safety.

Since the approval of this Law private detectives have an obligation to document the orders in writing through a contract, as well as the duty not to share information except with clients or judicial and police bodies whenever they request it.

Sayings information should be maintained for 5 years, while Images must be destroyed 1 year after being taken , unless they are required due to a judicial investigation.

Furthermore, it is prohibited to use technical services or materials that “ violate the right to privacy , the image or the secret of communications"This point seems secondary, but it is tangential.

Private security companies can be hired for surveillance work in public detention centers for foreigners, prisons, etc., always under supervision of the state security forces.

On the other hand, the private investigation can only be borne by the detective agencies, not from these types of companies.

These are the main news which incorporated private security 5/2014, although Its regulation goes much further.

Modification of article 69 of Law 5/2014

Until now, Article 69 of the Private Security Law referred to the Precautionary measures . Specifically, it indicated the following:

• Once the sanctioning procedure has begun, the body that ordered its initiation may adopt the necessary precautionary measures to guarantee its adequate instruction, as well as to prevent the continuation of the violation or ensure payment of the penalty .
• These measures, which must be consistent with the nature of the alleged infringement and proportionate to its seriousness, may consist of:
• a) The occupation or seal of vehicles, weapons, material or prohibited equipment , not approved or that is dangerous or harmful, as well as the instruments and effects of the infringement.
• b) The preventive withdrawal of authorizations , qualifications, permits or licenses, or the suspension, where appropriate, of the effectiveness of the responsible declarations.
• c) The suspension of the qualification of the personnel of security private and, where appropriate, the processing of the procedure for granting it, while the investigation of files for serious or very serious infractions in matters of private security lasts.
• The indicated authorization and processing may also be suspended. , until the process for crimes against said personnel is completed.

The precautionary measures provided for in paragraphs b) and c) of the previous section They may not last longer than one year .

With the modification of the new Data Protection Law , two new sections have been added to this article 69, renamed this articleLegal regime. The new text indicates the following :

• "1. The exercise of sanctioning power in matters of private security will be governed by the provisions of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, Law 40/2015, of October 1, on the Legal Regime of the Public Sector and its implementing provisions, without prejudice to the specialties regulated in this title.
• 2. The procedure will expire after six months from its initiation without the resolution having been notified, however, the possible stoppages due to causes attributable to the interested party or the suspension that should be agreed upon due to the existence of a criminal judicial procedure must be taken into account in the calculation, when the identity of the subject, fact and basis are present, until its completion.

Keys to the Data Protection Law: video surveillance and recordings

The new sections refer to the sanctioning power in matters of private security, specifically in the event of failing to comply with any of the established obligations. The objective is to assign more responsibility to people who have access to personal data.

This affects video surveillance systems, since there are limits in the processing of the images taken. Individuals should be aware that recordings may be maintained for a maximum period of 30 days, which is reduced to 15 for credit institutions.

Exceptionally, can be stored for longer in case of be required by a judicial investigation , but they will have to be deleted once that have been handed over to the authority competent.

There is also a legal limit for privacy reasons, so in public spaces it is totally prohibited to record except for security reasons and previously notifying people who access that they may be recorded.

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