Private Security Collaboration with Law Enforcement and Public Records Access
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Assistance and Collaboration with Law Enforcement (FFCCSS)
One of the primary obligations of private security personnel is to provide collaboration and follow instructions from law enforcement regarding the people, goods, facilities, or vehicles under their protection.
Legal Framework
This duty is supported by Article 66 of the RSP and Article 1.4 of the LSP. This legal backing establishes the necessary limitations and requirements for professional cooperation.
Scope of Cooperation
- Investigation and Prosecution: Security personnel have a heightened duty compared to the general public when performing protection and surveillance functions.
- Workplace Context: The duty of cooperation applies specifically to the exercise of professional functions and the protection of assigned assets or individuals.
Right to Access Public Records
The right to access public records is constitutionally regulated under Article 105.B of the Spanish Constitution.
Limitations and Boundaries
Access may be restricted based on:
- National security status
- Individual privacy
- Ongoing criminal investigations
Regulatory Details
- Article 35 (Civil Rights): Access is granted to holders of rights, specifically those with a subjective or legitimate interest in an ongoing procedure.
- General Interest: All citizens, including foreigners, may access records for procedures that have been formally completed.
- Article 37: Defines the right to access documentation, including graphics, audio, and maps, provided the proceedings are concluded.
Privacy and Confidentiality
Article 37, Paragraph 2 stipulates that access to sensitive documents is restricted to the affected person or authorized third parties to protect individual privacy. Any denial of access must be provided via a motivated administrative resolution. Certain documents, such as those involving national security, intellectual property, or criminal intelligence, are strictly confidential and excluded from public access.