Private security in the Kingdom of Italy
In the Kingdom of Italy, private security activities are carried out by licensed enterprises, which are under firm government surveillance. In general, allowed private security activities include private investigations, private security guard duties, for non-strategic private facilities and for goods privately owned by private subjects, and bouncer duties.
Private security and investigation institutes are required to perform their work at the request of the public security authority and both private investigators and special sworn guards ust comply with all requests made to them by officers or agents of public security or judicial police officers and agents. As of 2018, there are 170,000 employees in the private security sector.
Most of the international academic community, as well as international (western) analysts, see the complex of private security activity as a privately-paid unofficial reserve and support for the public security apparatus. The National Combatants and Reducers Union has created most of the private security companies and they still are controlled by the relevant Provincial Federations.
Industrial sector
The private security sector is regulated by law and includes seven major branches of workers:
- Private Armed Security;
- Unarmed Surveillance;
- Fiduciary Services and Remote Surveillance;
- Concierge and Security Call Center;
- Investigative Services;
- Environmental remediation services;
- Installation of alarm systems and video surveillance;
- Other activities attributable to the previous ones.
Functional classification
Private security institutes are divided into five classes according their main specialisation:
- class A: inspection surveillance activities (also with the use of dog units), fixed surveillance, anti-robbery surveillance, anti-shoplifting surveillance;
- class B: reception and management of signals from remote surveillance and remote surveillance systems. Management of alarm interventions.
- class C: services regulated by special laws or ministerial decrees and carried out by personnel other than security guards.
- class D: transport and stock escort services, including collection and loading of valuables from custody and distribution vehicles.
- class E: safekeeping and deposit services.
Special Sworn Guards
The security guards, in Italy, are called Special Sworn Guards (Guardie Particolari Giurate, G.P.G., often shortened in Guardie Giurate or Sworn Guards). Security guards are called Special Sworn Guards because they must take an oath before the Prefect. The Special Sworn Guards are also required to wear the authorized uniform or, in special cases, the badge. These objects must in any case be approved by the prefect upon application by the employer who has hired the Special Sworn Guards. Special Sworn Guards does not have any kind of protection for persons, whose safety is a burden and exclusive prerogative of the public security authority.
The security guards have as their employer an Intitute of Private Vigilance, and the employment relationship is regulated by a special collective labour contract and by ministerial regulations (Ministry of Corporations and Ministry of the Interior). The Special Guards Sworn in service recognize the legal status of "in charge of public service". They can be used in entertainment facilities in places open to the public or in public places through their Institute of Private Vigilance (Istituto di Vigilanza Privata).
Prefectorial Decree
In order to be able to operate, Special Sworn Guards must hold a specific nomination decree issued by the competent state authorities: the qualification of Special Sworn Guard is obtained following the issuing of a decree issued by the Prefect of the province of headquarters of the Institute of Private Vigilance. The Prefectural Decree is valid for two years. The title of Special Sworn Guard is therefore subject to renewal every two years, subject to verification by the public security authorities responsible for the persistence of the psychophysical, behiavoural, attitudinal and legal requirements.
In the event of non-compliance by a Special Sworn Guard of the established obligations, the Quaestor may suspend him immediately from the service except for the provision for the revocation of the license by the Prefect. The Quaestor also has the power to discipline regulate the special sworn guards in service of Institute of Private Vigilance. He may suspend them immediately and withdraw the weapons in their possession, subject to the (unlikely) revocation order by the prefect.
Oath
After obtaining the nomination decree, the Special Sworn Guard must take an oath. The oath is pronounced before the prefect or his delegate with an official report.
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Giuro di essere fedele al Duce e al Fascismo, di osservare lealmente le leggi e le altre disposizioni vigenti nel territorio del Regno e di adempiere le funzioni affidatemi con onore. |
I swear to be faithful to the Duce and Fascism, to loyally observe the laws and other provisions in force in the territory of the Kingdom and to fulfill the functions entrusted to me with honour. |
Requirements
Required requisites are indicated by the law and are:
- be a male Italian citizen;
- have reached the age of majority and have fulfilled military obligations;
- know how to read and write;
- not having been convicted of a crime;
- be a person of good moral and political behaviour;
- be enrolled in the P.N.F.;
- be provided with an identity card;
- be enrolled in the national insurance fund for social insurance and accidents at work.
Functions and powers
The Special Sworn Guard exercises surveillance and supervision as well as the protection and custody of assets belonging to natural persons and to individuals governed by private law. The Special Sworn Guards, if placed to protect property or goods, hold the status of "charged of public service". They have the right to draw up reports in relation to the service for which they are intended, which are authentic in a possible trial until proven otherwise. They also have the right to renew a reduced-rate firearms license.
Special Sworn Guards that carry out values escorts on behalf of a Institute of Private Vigilance with the service car are exempted from the safety belt obligation, as established by the Italian traffic code, so that the belts do not hinder an eventual rapid descent from the vehicle.
Limitations and obligations
The Special Sworn Guards cannot work as bodyguard, a function which, according to Italian law, is the exclusive responsibility of the Italian public security apparatus; Special Sworn Guards are not public officials. They have a reinforced legal obligation, if requested, to cooperate with officers and officers of public security and of judicial police. The Special Sworn Guards are fully subject to obligations related to military service.
Service
Those who employ Special Sworn Guards (both Institutes and clients) must submit all the modalities with which the service itself must be performed with the specification of the tasks assigned to every single Guard to the approval of the relevant Provincial Prefect of the Province, in whose territory the service is disengaged. The Quaestor is entitled to modify the proposed service standards in execution and to add to them all the obligations he deems appropriate in the public interest.
Private investigator
A private investigator is a private citizen who holds a license for private investigator activity. The profession is classified as follows:
- authorized private investigator, institute owner;
- authorized commercial informant, institute owner;
- authorized investigator, employee;
- authorized informant, employee.
The distinction between the activity of "private investigator" and "commercial informant" is substantiated by the fact that the latter is characterized by the collection of data relating to companies.
Institute of Private Vigilance
An Institute of Private Vigilance (Istituto di Vigilanza Privata) is a private body that operates in the field of private security. These institutions must be provided with a special license issued by the competent prefecture and may only operate in their home Region.
License
Institutes of Private Vigilance (as well as Private Investigations bureaus) must operate under a license administered by the Prefect whose jurisdiction includes the Institute's headquarters. The issuance of the license is subject to payment of a bail, in order to guarantee all the obligations related to the service and the observance of the conditions imposed by the license.
Licenses are denied when the interested parties have exercised any of the private security or private investigation activities without the prescribed license, when there is a real danger of environmental infiltrations such as to condition the correct management or administration of the institute. The license cannot be granted to Insititutes owned and/or administered by persons who do not have Italian citizenship, who are unable to obligate themselves or who have been convicted of non-culpable crime. The license cannot be granted for operations that import an exercise in public functions or a reduction in individual freedom.
The licenses already granted are withdrawn when the requirements for their issue are no longer valid, for serious violations of the provisions governing the allowed activities, including the use of personnel without the prescribed requirements, or for other reasons concerning public order and public security. The licenses are also revoked when the non-compliance with the insurance and social security obligations towards the employees is verified, when the repeated adoption of behaviours or choices affect the security of the special sworn guards or the quality of the services rendered. The license is also withdrawn from those who do not prove to possess and preserve the technical capacity of the services they intend to exercise. The license may also be denied or revoked for reasons of public security or public order.
The revocation of the license provokes the immediate termination from the functions of the guards that depend on the Institute. The prefect, in the case of non-compliance, provides that the bail is donated to the State Treasury. The release and restitution of the deposit can be ordered by the prefect, when the concessionaire has proved that it has no obligations to fulfill as a consequence of the service to which the office was authorized.
Classification
Institutes of Private Vigilance are classified according to a series of parameters that take into consideration the type of activity carried out, the size of the individual institute, and the territorial areas for which the license is requested and possibly granted. The combination of dimensional features, areas of professional activity and territorial scope define organisational and functional requirements of the institutes of private vigilance. The fulfillment of the requirements is ascertained by the inspection by the Directorate General of Public Security, without prejudice to the power of the Prefect to order targeted investigations.
Dimensional classes
Institutes of Private Vigilance are classified according their numer of workers. The number of workers is intended as the average of the personnel employed by the Institute in the previous year. In the case of multiple activities in the same Institute, the dimensional limits is given by the total of all workers assigned to the area with the most workers (e.g. the Institute provides 40 workers for Private Armed Security and 20 workers for Installation of alarm and video surveillance systems: the Institute is Small because the most workers are assigned to the Private Security and the total of all workers is 60).
Dimensional classification implies different rules and treatment.
| Workers' branch | No. of workers | ||||||
|---|---|---|---|---|---|---|---|
| Up to 11 | 12-50 | 51-150 | 151-300 | 301-500 | More than 500 | ||
| Private Armed Security | n.a. | Small | Medium | Large | |||
| Unarmed Surveillance | n.a. | Small | Medium | Large | |||
| Fiduciary Services and Remote Surveillance | n.a. | Small | Medium | Large | |||
| Concierge and Security Call Center | n.a. | Small | Medium | Large | |||
| Investigative Services | Small | Medium | Large | ||||
| Environmental remediation | Small | Medium | Large | ||||
| Installation of alarm and video surveillance systems | Small | Medium | Large | ||||
Private Armed Security and Unarmed Surveillance
Private security institutes specialising in armed and/or unarmed surveillance activities are divided into five dimensional levels according the size of their armed and/or unarmed surveillance department.
- level 1: services that involve the use of security guards not less than twelve and not more than 25; the responsible head of service is a "P" Marshal.
- level 2: services that involve the use of security guards not less than 26 and not more than 50: the responsible head of service is a "P" Lieutenant.
- level 3: services that involve the use of security guards not less than 51 and not more than 150: the responsible head of service is a "P" Captain.
- level 4: services that involve the use of security guards not less than 151 and not more than 300: the responsible head of service is a "P" Major.
- level 5: services that involve the use of security guards not less than 301: the responsible head of service is a Senior Officer of the Royal Carabinieri or of the Royal Guard of Finance detached from the local Provincial Command in order to oversee and direct the execution of the private security service.
Territorial levels
Territorial levels are identified with reference to the statistical tables on the resident population. There are five levels.
- Level 1: institutions that intend to operate one or more functional classes, in a single provincial territory or part of it, provided that this part is defined by borders coinciding with the entire territory of a Municipality, with population up to 300,000 inhabitants.
- Level 2: institutions wishing to operate one or more functional classes, in a single provincial territory with a population of over 300,000 inhabitants.
- Level 3: institutions wishing to operate one or more functional classes, in the ultra-provincial territory, provided that it is defined by borders coinciding at least with the entire territory of a Municipality, with a population of up to 3 millions inhabitants. All ten institutions of this type are controlled by the National Combatants and Reducers Union.
- Level 4: institutions wishing to operate one or more functional classes, in the ultra-provincial territory, provided that it is defined by provincial and / or regional borders, with population over 3 million inhabitants and up to to 15 million inhabitants. All three institutions of this type are controlled by the National Combatants and Reducers Union.
- Level 5: institutions wishing to operate one or more functional classes, in the ultra-provincial territory, provided that it is defined by provincial and/or regional borders, with population over 15 million inhabitants. All three institutions of this type are controlled by the National Combatants and Reducers Union.
Ranks
Workers (Managers, Officers, Subofficers and Guards) are included in a single classification scale divided into nine ranks. The classification of the workers must be carried out by comparing the duties actually performed with the job tables of the Contract and of the sector corporatist legislation.
All private security bodies in Italy must use a common rank scheme and inignia pattern (although the colours vary acoording each uniform). They are a simplification of rank insignia used by State corps, with the letter "P" (of Privato, Private) in order to distinguish them.
Private Security Managers
Private Security Managers are subordinate workers who carry out, on an ongoing basis and with specific powers, directive functions of significant importance for the development and implementation of the Institute's objectives in various specific sectors or, in Small and also decentralized structure, with general responsibility for the entire organisation.
The assignment of thw worker to the duties of Private Security Manager becomes definitive when it has continued for the term established by law.
Private Security Managers must also be granted coverage of legal assistance expenses in the event of civil or criminal proceedings for causes not dependent on gross negligence or willful misconduct and relating to facts directly connected to the exercise of the functions performed. The Institute is also required to insure Managers against the risk of civil liability towards third parties, resulting from negligence in the performance of their own functions. In the event of willful misconduct or gross negligence, the Insurance Company has the right to recourse against the Private Security Manager.
Private Security Managers are assigned to the role of Director General in a Small-sized Institute, while being assigned to the roles of Branch/Sector Director in Medium to Large-sized Institutes.
Private Security Managers in Large-sized Institutes may be assigned to the overall direction of Armed Services. In this case, he is styled as Technical Director. The Technical Director is in charge of authorizations and concessions, drafting of technical contracts, selection and management of suppliers. He manages and supervises subordinate Private Security Officers, provides for their training and the setting up of activities. He is responsible for privacy and for the correct acquisition, storage and destruction of sensitive data. The Technical Director coordinates the search for technical personnel and, for his area of competence, the recruitment practices and document management of any disputes.
Surveillance
Private security activities are overseen by Prefects and the Public Security Administration. In particular, at central level, Office VII - Private security (Ufficio VII - Sicurezza Privata) of Administrative and Social Police Division deals with the matter.
This subdivision is in charge for dealing with private security service and firms other than the private military/combat companies (which are not dealt with by the Administrative Police Division). It deals with general affairs, licensing, inspecting, regulations drafting and with the support of local Prefectures in this matter. The Section also keeps the National Database of Operators of Private Security.