Who can carry out the activities and tasks of private security
Private security services can only be carried out by a company or a sole trader that has registered such activity, has a valid licence and meets the conditions prescribed by law.
Private security service clients must enter into a written contract prior to the pursuit of the activity. The tasks of private security may only be carried out by security personnel with a valid licence that meet the conditions prescribed by the Private Security Act.
Types of private security and licences:
- protection of people and property,
- protection of individuals,
- transport and protection of money and other valuable items,
- protection at public gatherings,
- protection at events in catering facilities,
- management of the security control centre,
- planning of technical security systems,
- implementation of technical security systems.
A licence is a permit to perform one or more types or tasks of private security, which is granted to a legal entity by the Ministry of the Interior.
The licence is required by companies and sole traders providing the services of:
- protecting life and personal integrity,
- protecting movable and immovable property from illegal acts, damage or destruction,
- operating transport services and protecting money and other valuable items (gold, precious stones, works of art, securities, etc.),
- ensuring order at public gatherings and public events,
- organising event security at catering facilities,
- managing and monitoring installed technical security systems, areas or protected persons through a security control centre,
- planning, positioning and maintenance of technical security systems.
Service ID card
The service ID card is a document with which the security personnel demonstrates they have a licence for the direct pursuit of private security tasks.
An individual obtains a service ID card in accordance with the type of work they wish to carry out:
- security manager,
- security watchman,
- security guard,
- security supervisor,
- security bodyguard,
- security technician,
- authorised security system engineer,
- security control centre operator.
To obtain a service ID card, the individual must meet the following general conditions:
- aged at least 18,
- be a citizen of an EU Member State, European Economic Area country or Switzerland,
- be professionally qualified for the type of work they will carry out,
- pass the security clearance process without security reservations,
- their service ID card must not have been revoked within the last two years due to a violation of the Private Security Act,
- be medically and mentally fit for the type of work they will carry out,
- have an active command of the Slovenian language.
For determining medical and mental fitness, regulations on health and safety at work apply. Irrespective of the regulations, the applicant is not medically and mentally fit to carry out private security service if a medical examination determines a dependency on alcohol, illicit drugs, psychoactive drugs or other psychoactive substances. The medical certificate must not be older than one year.
If the applicant has completed at least primary school level education at a Slovenian school, it is considered that they have an active command of the Slovenian language. Applicants who have not completed adequate education in Slovenia attest their active command of the Slovenian language with a special certificate by an officially recognised educational institution, stating that they successfully completed the Slovenian language exam at the basic level. The applicants can complete the exam with one of the twelve external service providers of the Centre for Slovene as a Second and Foreign Language of the Faculty of Arts of the University of Ljubljana.
On the basis of the application and submitted eligibility evidence, the Ministry of the Interior issues a service ID card for the type of work for which the applicant is professionally qualified and meets the prescribed conditions. The applicant will be registered as a service ID card holder.
If you do not meet several legal conditions for a licence or service ID card, you must immediately cease performing the activity and return the certificate of licence or the service ID card to the following address: Ministry of the Interior, Police and Security Directorate, Division for Private Security and Municipal Traffic Warden Services, Štefanova 2, 1501 Ljubljana.
A service ID card is replaced if:
- the cardholder has lost their service ID card,
- the service ID card is damaged,
- the service ID card has been stolen,
- the cardholder has changed their name.
In these cases, the cardholder must immediately inform the Ministry of the Interior, which will issue an extract from the register, so that the cardholder may carry out private security services undisturbed until the card is replaced.
The service ID card expires if:
- the cardholder declares in writing that they no longer wish to carry out private security services;
- the cardholder dies, or
- more than two years have passed since the service ID card has been deposited with the Ministry of the Interior.
The holder of the service ID card must return the service ID card to the competent authority within eight days of the occurrence of the reason for expiration together with a written statement that they no longer wish to carry out private security services.
A service ID card is revoked if:
- it is found that the cardholder no longer meets the legal conditions or no longer has legal capacity to contract;
- despite the fine for an offence imposed by final decision, they commit a violation of the same type:
– perform tasks of private security without being in an employment relationship with the licensee or the internal security provider;
– use other instruments of restraint, animals as an instrument of restraint, or dangerous objects when carrying out private security services, the usage of which is prohibited under the Private Security Act;
– cause bodily injury or violate the human rights and fundamental freedoms with unlawful and unprofessional use of measures;
- they are prohibited, by way of a final court decision, from carrying out private security services;
- if, on the basis of their unlawful and unprofessional service, a serious consequence to human life and health, public order, public security and high-value property (emergency measures in the public interest) occurred and the public interest could not have been protected with other instruments that would have affected the acquired rights to a lesser extent.
If the competent authority establishes that the holder of the service ID card no longer meets the conditions for carrying out the tasks of private security, it initiates the procedure for its revocation and informs the licensee or the internal security provider.
If the police or the inspector establishes that an individual holds a service ID card unjustifiably, they revoke it and send it to the competent authority for further procedure.
Refusal to issue and withdrawal of licence or service ID card
Licensees and service ID card holders must meet all conditions for obtaining a licence or service ID card and all conditions for carrying out private security services under the rules in force throughout the period of their engagement in the activity. If a legal entity or an individual does not meet the conditions, they must immediately cease carrying out private security services and return the licence or the service ID card to the Ministry of the Interior within eight days.
In the event of termination of employment with the licensee or the internal security provider, the service ID card holder must be employed by another licensee or internal security provider within 30 days, otherwise they must return the service ID card to the Ministry of the Interior within eight days. The ministry shall store the card.
Security personnel and related persons must pass the security clearance process without security reservations. Security reservations are security clearance findings showing that:
- the person has been sentenced to unconditional imprisonment for more than three months by a final judgment for a premeditated criminal act prosecuted ex officio;
- the person has been sentenced to unconditional imprisonment for more than three months by a final judgment for other criminal offence prosecuted ex officio in connection with carrying out private security services;
- the person has been found responsible for offences against law and order with elements of violence and offences subject to regulations on production of and trafficking in illicit drugs by a final decision at least three times, and for which a fine has been imposed;
- there is reasonable doubt as to the reliability or credibility of a person.
Security reservations cease when the final decision has been deleted from the criminal and offence records.
Revocation and termination of licence
The licence terminates:
- if the licensee declares in writing that they no longer wish to carry out private security services,
- due to the termination of the licensee's activity in accordance with the act governing companies,
- due to a receivership or compulsory winding-up of the licensee's activity in accordance with the act governing financial operations, insolvency proceedings and compulsory winding-up.
The licensee must return the original certificate of licence to the competent authority within fifteen days of the occurrence of a reason from the preceding paragraph.
The competent authority may revoke the licence for the following reasons:
- protection of public order,
- public security,
- protection of clients,
- third persons and security personnel that carry out the activity directly.
Temporary and permanent licence revocation
Licence revocation is imposed as a temporary revocation with the possibility of a conditional revocation or as a permanent revocation. The licensee on whom a licence revocation has been imposed must inform the clients with whom they have entered into contracts for the provision of security services within eight days from the licence revocation. The licensee, against whom a proceeding for temporary or permanent licence revocation has been initiated, is obligated to inform the clients who are liable for compulsory organisation of security services upon the initiation of the proceeding in accordance with the Private Security Act.
The competent authority temporarily revokes the licence if the licensee:
- carries out a type of private security service for which they are not licenced or which they carry out contrary to the issued licence,
- carries out private security services contrary to the stipulated standard,
- carries out private security services with persons who do not meet the conditions for carrying out private security services,
- carries out activities which are incompatible with private security,
- fails to comply with the provisions on security personnel qualifications, minimum number of security guards and technical requirements for the equipment and vehicles in transport and protection of money and other valuable items and in protection at public events for which the organisation of private security is compulsory, or they carry out the protection in a way that poses a threat to public order,
- orders the use of other instruments of restraint, dangerous objects or animals as an instrument of restraint in private security, the usage of which is prohibited under the Private Security Act.
The competent authority may impose a temporary licence revocation on the licensee by means of a decision if a temporary ban on the pursuit of activity has been imposed on the licensee by the inspection services by means of a measure and the licensee continues to carry out the activity despite the measure.
Temporary licence revocation may be imposed for a duration between one and six months. Conditional licence revocation may be imposed for a duration between three and twelve months (probation period).
The competent authority terminates the conditional licence revocation if the licensee commits, within the probation period, a new violation for which a temporary licence revocation may be imposed.
The competent authority permanently revokes the licence if:
- it is found that the licensee no longer meets the legal conditions for carrying out private security services,
- a temporary licence revocation has already been imposed on the licensee and they commit a new violation for which a temporary licence revocation may be imposed,
- on the basis of the licensee's unlawful and unprofessional service a serious consequence to human life and health, public order, public security and high-value property (emergency measures in the public interest) has occurred and the public interest could not have been protected with other instruments that would have affected the acquired rights to a lesser extent,
- the licensee is prohibited, by way of a final court decision, from carrying out private security services.
Conditions for carrying out private security activities in Slovenia for foreign persons
A foreign entity that has its registered office in an EU Member State, country of the European Economic Area or Switzerland, or in a country with which a relevant international agreement has been concluded, may carry out private security services in the Republic of Slovenia under prescribed conditions permanently, through a branch established in the Republic of Slovenia, periodically (cross-border, provisionally) or on the basis of an employment relationship. The entity may carry out private security services on the basis of a licence or a service ID card acquired in the Republic of Slovenia, on the basis of the right to carry out private security services acquired in their home country or on the basis of the approval of the Ministry of the Interior.
A foreign entity from a third country that acquired the right to carry out private security services in their home country may carry out private security services in the Republic of Slovenia under the same conditions that apply to foreign persons, under the additional condition of reciprocity.
Obtaining approval for carrying out private security activities in the Republic of Slovenia
A foreign entity that has the right to carry out private security services in their home country must obtain approval from the Ministry of the Interior before carrying out private security services in the Republic of Slovenia.
If carrying out the activity or profession of private security services is not governed by law in the entity's home country, the foreign entity must, together with other evidence, enclose proof of carrying out individual types of private security services continuously or in the total duration of at least two years during the past ten years.
If the foreign entity meets all the conditions, it is granted approval to carry out private security services in the Republic of Slovenia and is entered into the licensee register or into the register of service ID card holders. Security personnel that was not granted a service ID card in their home country is granted a service ID card ex officio. Security personnel that was granted a service ID card in their home country must carry a Slovenian translation of the service ID card or a service ID card issued by the Ministry of the Interior of the Republic of Slovenia.
Responsibilities of the Internal Affairs Inspectorate
The Internal Affairs Inspectorate carries out inspections of private security services. It inspects:
- entities (companies) that possess private security licences;
- security guards in terms of eligibility for carrying out protection;
- transfer, transportation and protection of money and other valuable items;
- protection in catering facilities, as well as at public events where protection is provided by private security services;
- companies, where organisation of private security service is compulsory.
The inspectorate performs the most inspections in the field of protection of nightclubs and discotheques, where public events take place, and of outdoor public events with a large numbers of visitors.
The inspectors devote considerate attention to monitoring facilities of national importance, in which case their basic task is to verify how the protection system is designed and how private security tasks are carried out.
They are also responsible for monitoring the physical protection of facilities with nuclear and radioactive substances, and for monitoring physical protection in the transport of nuclear substances in the territory of the Republic of Slovenia.