Marcin Niedopytalski

Security in the 21st Century Technologies and Protection Strategies

Protection Of People and property

Redaktor Marcin Niedopytalski

© Marcin Niedopytalski, 2024

The book titled „Security in the 21st Century Technologies and Protection Strategies” was written in English by the author. It provides a comprehensive exploration of modern security challenges and the advanced technologies that have been developed to address them. The author examines various protection strategies, integrating physical and digital security measures, and discusses how the rapid evolution of technology has reshaped the field of security.

ISBN 978-83-8384-647-7

Książka powstała w inteligentnym systemie wydawniczym Ridero

Entry

Protection of people and property is an area that directly affects our everyday life, safety and sense of peace. Regardless of whether we are security workers, business owners, or simply citizens who want to feel safe in their own home, this topic affects each of us. Since the beginning of time, Man tried to protect himself against threats both physical and mental, and the development of civilization resulted in the need to create more and more advanced methods of protection. The modern world, with its technological progress and complex social structures, poses completely new challenges for us in the field of security. But what is the fundamental importance of protecting people and property? Why is it such an important element of our lives? At the very beginning, it is worth realizing that the protection of people and property is not only a matter of physical barriers, monitoring systems or armed security guards. It is a whole complex network of activities, procedures and technologies that are designed to provide us with a sense of security. People have always tried to protect what is valuable to them their life, health, family and property. Therefore, this protection, although often unnoticeable in everyday life, plays a key role in the functioning of society.

The history of protecting people and property goes back thousands of years. Initially, it was simple protection against wild animals, and later against people who wanted to deprive us of our goods. Ancient civilizations such as Rome and Egypt already used various methods of securing property, from defensive walls to guards. However, protection at that time was very limited and consisted mainly of physical security.

Over time, as societies began to develop and threats became more complex, the need for more advanced protection systems grew. Today we have technologies at our disposal, that our ancestors could only dream of from video monitoring systems, through advanced alarm systems, to biometrics and artificial intelligence. The protection of people and property is not just an individual matter. On a macro scale, it is the foundation for the functioning of entire societies. Security is the basis of every country, City or local community. Public protection, as well as the protection of private property, are elements that combine into one whole creating structures that ensure stability and development.

In cities with a low level of security, economic development is stunted. Investors do not want to invest their funds in places where where the risk of property loss is high. People who feel unsafe are more likely to migrate in search of safer places, which can lead to depopulation in areas with high crime rates. Therefore, protection, although often perceived as a cost, is in fact an investment in both the individual and as well as social.

With the development of technology, the protection of people and property has gained a new dimension. Modern threats no longer concern only the physical world. Digital threats are becoming more and more important data theft, cyber attacks, and hacking into IT systems. Asset protection today also means digital protection. Data has become the new currency, and losing it can be more painful than the physical loss of assets.

Companies invest huge sums in IT security, creating firewall systems, using encryption and other technologies to protect against hackers. However, cybersecurity is not only the domain of companies. Modern man, Even if you are not an entrepreneur, you must also take care of your privacy and security online. This is a new reality in which the protection of people and property has moved to a completely new level.

Securing human life and health is the highest form of protection. Property, although important, can be restored health and life cannot be restored. Therefore, protecting people, especially in dangerous situations, is the priority of any security system. In the context of VIP protection, i.e. people particularly vulnerable to attacks, such as politicians, celebrities or businessmen, the importance of this form of security becomes particularly important.

Protecting people is not just a matter of the physical presence of security guards. It also includes advanced monitoring, threat analysis and prevention systems. Thanks to modern technologies, such as video monitoring and facial recognition systems, we are able to prevent incidents before they happen. Therefore, protecting people is both reactive and proactive.

Property protection means securing your life’s assets, but also an investment in the future. For both individuals and companies, property losses can mean serious financial problems. Therefore, the use of appropriate security measures becomes an essential element of risk management. Modern technologies, such as alarm systems, biometric locks, thermal cameras, and advanced security management systems help minimize the risk of property loss. However, it is worth remembering that property protection is not only about technology, but also appropriate education and awareness of threats. Too often, people neglect basic safety precautions, which leads to losses, which could have been prevented.

The sense of security is not only a matter of actual protection against threats, but also a mental state. People who feel safe are more productive, calmer, and cope better with everyday challenges. On the other hand, insecurity can lead to stress, nervousness and even depression. Therefore, the protection of people and property also has an important psychological dimension. Often, the mere presence of security systems, such as cameras or security guards, is enough to discourage potential perpetrators of crimes. This phenomenon is known as the deterrence effect, where the very possibility of detecting and arresting the perpetrator acts as prevention.

You cannot talk about the protection of people and property without raising the issue of ethics. Modern security systems, especially those based on technology, raise many questions about privacy, freedom and the limits of interference in an individual’s life. Surveillance cameras can protect against crime, but at the same time they can be a surveillance tool. Biometrics, although effective, are controversial regarding the storage and use of personal data.

Therefore, the protection of persons and property must go hand in hand with respect for individual rights. Balancing security and freedom is a challenge that requires not only technology, but also appropriate legal regulations and ethical principles. Protection of people and property is not only a response to threats, but primarily prevention. The best form of protection is to prevent threats before they arise. Thanks to risk analysis, appropriate training and the use of modern technologies, we can minimize the risk of dangerous situations occurring. Prevention also means education, both in the context of companies and individuals. Awareness of threats and the ability to respond appropriately are key elements of effective protection. That’s why security training, both physical and digital, is becoming more and more popular. The modern world is changing at a dizzying pace, and the threats are changing with it. The development of artificial intelligence, automation, as well as the increasing dependence on technology make that the protection of persons and property must adapt to new realities. It is possible that in the future we will witness a revolution in the field of security from fully autonomous security systems to advanced threat recognition systems. One thing is certain, the protection of people and property will always be an important element of our lives, regardless of what technologies the future brings. After all, safety is the basic need of every human being.

The protection of people and property is an inherent element of the functioning of both individuals and entire societies. It has evolved over the years, adapting to changing threats and technologies. Currently, in the era of digitalization, the importance of protection is increasing, and security covers not only physical property, but also data and privacy. However, regardless of technological progress, protection will always focus on one thing ensuring our peace and security, both physically and mentally. Continuing this topic, we must pay attention to several more important aspects that define the importance of protecting people and property in today’s world. For centuries, humanity has developed various techniques and protection systems, but in the 21st century, we face completely new challenges. Technologies that were once only fantasy today they are becoming an integral part of our everyday life. Surveillance cameras, biometric access systems, advanced predictive algorithms all help us feel safer, but at the same time they pose questions to us about how far we can go in securing our lives. Technology has become a key element of modern security systems. It’s not just about visible devices such as cameras or alarm sensors, but also about what happens „behind the scenes” advanced software that analyzes data in real time, detecting potential threats. An example would be intelligent monitoring systems that are able to identify suspicious behavior before a crime occurs. In practice, these technologies are becoming more and more advanced and available, not only to large companies, but also to ordinary citizens. Alarm systems that were once a luxury now can be found in many homes. Thanks to this, we not only protect our property, but also have greater control over our surroundings. However, technology also brings some challenges. One of them is proper management of the data these systems collect. In the digital age, data is as valuable as physical property, and their theft can have disastrous consequences. Therefore, today’s property protection also means protecting both physical and digital data. In the era of digitalization, our personal data has become one of the most important things we need to protect. Banks, online stores, and even social networking sites store huge amounts of information about us our shopping habits, the places we visit, and even our personal preferences. Therefore, the protection of people and property must now also include securing our data.

Cybercrime is becoming more and more advanced. Phishing attacks,

Malware and identity theft are just some of the threats that can affect each of us. In response to these challenges, increasingly advanced data protection systems are being developed. Encryption, multi-factor authorization and tokenization are just some of the technologies that help us protect our digital assets. However, technology is not always enough protection. Educating users about digital threats and the proper use of technology is equally important. Awareness of threats and appropriate habits in using the Internet can significantly affect our safety. The development of security technologies also raises questions about the limits of our privacy. Surveillance cameras, facial recognition systems and behavioral analyzes can significantly increase the level of security, but at the same time they raise concerns about surveillance. Where does protection end and the invasion of privacy begin?

Some countries have introduced very strict data protection and privacy regulations, such as GDPR in the European Union. They aim to balance the need for protection with respect for individual rights. However, there are still many questions to which we do not have clear answers. For example, Is it ethical to use facial recognition systems in public spaces? How far can you go in monitoring employees in the workplace?

The answers to these questions will be crucial in the future of protecting people and property. We must strike a balance between ensuring security and respecting freedom and privacy. Artificial intelligence (AI) is one of the most important tools that will shape the future of protection of people and property. Today, AI is already used to analyze behavior in video surveillance, predict potential threats and manage alarm systems. But this is just the beginning. In the future, artificial intelligence may become a key element in crime prevention. AI algorithms can analyze data in real time, identifying behavioral patterns that may indicate planned criminal activities. Thanks to this, we will be able to prevent crimes before they happen.

However, AI also poses further challenges, not only technological but also ethical. What role should machines play in protecting people? Will AI be able to replace human security guards, or will it rather support them? These questions will be the subject of intense debate in the coming years. The modern world is increasingly globalized, and with this, threats are also globalizing. Terrorism, cyberattacks and international organized crime are just some of the challenges facing today’s society. Therefore, the protection of people and property can no longer be viewed solely in a local context. Companies operating internationally must consider threats around the world. Even small businesses that trade online can fall victim to cyberattacks from the other side of the world. Therefore, asset protection must now also include actions at a global level. International cooperation in data protection, combating cybercrime and countering terrorism is becoming a key element of security strategy. Organizations such as INTERPOL and Europol play a huge role here, coordinating activities between countries and ensuring the exchange of information on threats.

The protection of people and property in the future will also have to take into account new threats resulting from climate change. Natural disasters such as hurricanes, forest fires and floods are becoming more frequent and intense. For companies and public entities, this means the need to create new security systems against this type of threats. Protection against the effects of climate change is not only a matter of technical safeguards, but also of planning and prevention. Modern crisis management systems are being introduced in cities around the world, that aim to minimize the effects of natural disasters. Climate risk management is becoming one of the key elements in property protection strategies, especially in industries such as construction, agriculture and energy. Companies must adapt their protection systems to new challenges, to protect against losses resulting from extreme weather events.

The COVID-19 pandemic has shown us how fragile our sense of security can be. The protection of people and property during the pandemic has gained a completely new dimension. Companies had to adapt their security systems to the new realities by introducing additional measures, such as sanitary and epidemiological checks, temperature monitoring, or introducing social distancing. The pandemic has also highlighted the importance of health care as a key element in security strategies. Many companies had to introduce completely new procedures to ensure safe working conditions for their employees. In the future, the protection of persons and property will also have to take into account aspects related to health protection, especially in the context of epidemiological threats. Education is a key element of effective protection. Without proper knowledge about threats and how to avoid them, even the best technologies may prove insufficient.

That is why it is so important that both security staff and ordinary citizens are properly trained and aware of the risks. Training in security, crisis management and digital protection is becoming more and more popular. Many companies invest in the development of their employees, organizing regular safety training and exercises. Protecting people and property is not only about technology, but also about the people who operate it. Protection of people and property is a topic that will become increasingly important in the coming years. New technologies, global threats, as well as changing social realities make that protection becomes more complex and comprehensive. However, regardless of technological progress, the key element of protection will always be people their knowledge, skills and ability to respond to threats. Ultimately, protecting people and property is not only a matter of technology and security systems, but also social responsibility. Taking care of our own and others” safety is our common responsibility and shapes our future.

Legal basis for the protection of persons and property August 22, 1997

Legal provisions regarding the protection of persons and property are a key element of the legal system that regulates the principles of operation of this important branch of services. Protection of persons and property includes both activities undertaken by state institutions, as well as services provided by private security companies. In Poland, these issues are regulated by a number of legal acts that impose a number of obligations and powers on security entities aimed at ensuring the safety of citizens and protecting their property. One of the basic legal acts regulating the protection of persons and property in Poland is the Act on the Protection of Persons and Property of August 22, 1997. This Act defines basic concepts related to security, specifies who can provide security services, what conditions must be met by persons and companies providing security, and what their duties and powers are. Pursuant to the Act, security activities can only be carried out by entities that have obtained an appropriate license issued by the Ministry of Interior and Administration (MSWiA). Legal provisions regulate in detail the rights and obligations of security staff. security worker, depending on the type of authorizations held, may perform various activities, including primarily ensuring the safety of people staying in the protected area and protecting property located in a given facility.

Security staff must act in accordance with the law, which means that they cannot exceed their powers, and any use of force must be justified and proportionate to the threat. In order for a company to legally conduct business in the field of protection of people and property, it must obtain a license. The conditions for obtaining it are strictly defined in the Act. First of all, the entity applying for a license must demonstrate that it has adequate staff, who meet statutory requirements, including having appropriate licenses. In addition, the company must be registered in Poland and meet all requirements regarding technical, financial and organizational security. The licensing process is quite rigorous to ensure that only entities capable of professionally providing security services operate on the market. The provisions on the protection of persons and property also introduce civil and criminal liability for security companies and their employees. In case of violation of the law, the security company may be held financially liable, and in extreme cases, may lose its business license. Security staff who exceed their authority may be held criminally liable. For example, the unjustified use of force or firearms may result in criminal charges and serious legal consequences. Security companies and their employees are obliged to cooperate with law enforcement agencies, such as the police or city guards. If a crime is detected in a protected area, security staff are obliged to notify the appropriate services and secure the scene of the incident until they arrive. In many cases, this cooperation is crucial for effective action for public safety. Legal regulations oblige security companies to ensure that their employees have appropriate qualifications and regularly improve their professional competences. Training for security staff covers both theoretical aspects, such as knowledge of legal regulations, and practical aspects, including self-defense techniques, use of weapons and the ability to provide first aid. Regular training is designed to ensure that security staff are well prepared to perform their duties in accordance with the law and maintaining the highest safety standards. The activities of security companies are subject to strict state supervision. The Ministry of Interior and Administration and other state authorities have the right to inspect security activities to check whether the company operates in accordance with the law and has all the required documents and authorizations. If irregularities are found, financial penalties may be imposed or even the license may be withdrawn. It is worth noting that the regulations on the protection of persons and property are regularly amended to adapt them to changing realities and threats. For example, the development of technology and the related new cyber threats make it necessary to introduce new regulations regarding the protection of personal data and technical security. For this reason, security companies must stay up to date with current regulations and adapt their activities to new requirements. In the context of the protection of persons and property, personal data protection regulations are becoming increasingly important. Security companies that process personal data, must comply with the provisions of the GDPR (Regulation on the Protection of Personal Data), which impose a number of obligations on them related to securing this data. In the event of violating GDPR provisions, companies may be subject to high financial penalties. The security industry in Poland is developing dynamically, which results from the growing demand for security services from both companies and private individuals. In the future, we can expect further development of technologies that will support security activities, such as video monitoring systems based on artificial intelligence, drones patrolling the area, or advanced alarm systems. However, as technology progresses, the legal requirements that security companies will have to meet also increase. The protection of people and property is an extremely important field that is crucial to ensuring public and private safety. The legal provisions regulating this activity are detailed and strict, which aims to ensure that security services are provided at the highest level, while maintaining all safety standards. Security companies and their employees have a number of obligations, but also rights, that enable them to act effectively to protect people and property. However, in order for the security industry to develop and effectively counteract threats, it is necessary to constantly adapt legal regulations to the changing reality and improve the qualifications of security employees.

Professional responsibility in the protection of persons and property is a key aspect that defines the limits of activities undertaken by security personnel. The profession of a security guard involves great responsibility, both in legal and moral terms. Security workers, while performing their duties, they must constantly balance between the need to ensure security and respect for the rights and freedoms of citizens. According to the regulations, a security guard who does not fulfill the duties entrusted to him may be held professionally liable.

This responsibility can take many forms, from disciplinary penalties,

From civil liability to criminal sanctions in the event of serious violations of the law. Therefore, security employees are obliged to know the regulations and regularly improve their qualifications to avoid situations that could lead to abuse or errors in the performance of their duties.

Professional ethics plays an extremely important role in the work of a security guard. It is a profession that requires not only appropriate qualifications and skills, but also a strong moral backbone. Security workers often have to make difficult decisions that can have far-reaching consequences for the people they protect and for third parties. Ethical conduct in the security guard profession includes, among others: respecting the personal dignity of every person a security employee meets while performing his duties. Responsibility for actions taken is also an important element, especially in situations where it is necessary to use direct coercive measures. Professional ethics require that force be used only when absolutely necessary and always in proportion to the threat. Moreover, security guards should act in a transparent and legal manner, avoiding all forms of abuse. Ethical behavior also requires avoiding conflicts of interest, as well as maintaining professional secrecy, which is particularly important in cases where security guards have access to confidential information about the people or companies they protect. Polish law on the protection of persons and property does not operate in isolation, but is part of a broader international context.

Due to Poland’s integration with the European Union and the globalization of the security services market, national regulations must be adapted to international norms and standards. One of the key documents influencing Polish law is Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market, which establishes general rules for the provision of services, including security services, within the European Union. This directive requires member states, among other things, to: harmonization of standards regarding professional qualifications and conditions for the provision of security services throughout the Union. In addition,

Poland is a party to numerous international conventions and agreements that influence the development of regulations regarding the protection of persons and property. Examples include the United Nations Convention on Organized Crime and the Convention for the Protection of Human Rights and Fundamental Freedoms, that affect regulations regarding the protection of persons, especially in the context of human rights and counteracting organized crime. International norms and standards also influence the technologies used in security. Examples include standards for video monitoring systems, which must meet certain technical and legal requirements to be used in Poland. These standards include, among others: requirements regarding image quality, personal data protection and security of IT systems used for security. One of the biggest challenges facing the security industry is is rapid technological development and changing threats that require constant adaptation of legal regulations. New technologies such as artificial intelligence, biometrics and drones create new opportunities, but at the same time require the introduction of new regulations that will ensure their safe and ethical use. For example, The introduction of drones into security activities involves the need to regulate privacy and security issues. Drones can be used to monitor large areas, which significantly increases the effectiveness of protection, but at the same time raises questions about the limits of interference in citizens” privacy. Regulations must therefore balance the benefits of using new technologies with the need to protect fundamental rights and freedoms. Looking to the future, we can expect that laws regarding the protection of people and property will continue to evolve to meet new challenges. technological progress, globalization and the growing number of threats related to organized crime, terrorism and cybercrime will force legislators to introduce further changes and amendments. The introduction of regulations that will enable the effective and safe use of new technologies will be of key importance, such as artificial intelligence, while ensuring the protection of civil rights.

Security companies will have to invest in modern systems and employee training to meet the growing market requirements and legal regulations. Protection of people and property is an area where which requires strict legal regulation and high ethical standards. Legal provisions in this area aim to ensure public and private security, while protecting the rights and freedoms of citizens. Due to dynamically changing conditions, both technological and social, these regulations must be regularly updated and adapted to new realities. The future of the security industry will largely depend on the ability to adapt to these changes and on the readiness to raise the standards of services provided. Personnel and property protection workers in Poland are subject to legal conditions specified mainly in. The Act on the Protection of Persons and Property of August 22, 1997, and its implementing acts. This Act regulates issues related to the activities of security companies and security employees. Pursuant to the Act on the Protection of Persons and Property, a security employee is a person who who is on the list of qualified physical security or technical security employees. The list of qualified physical security employees includes a person who: Has Polish citizenship or the citizenship of another European Union Member State, the Swiss Confederation or a Member State of the European Union Free Trade Agreement (EFTA) party to the Agreement on the European Economic Area. She is 21 years old. She has completed at least primary or secondary school. Has legal capacity, has not been convicted of an intentional crime by a final judgment and there are no criminal proceedings pending against her for such an offense.

A person applying for inclusion on the list of qualified security personnel must have an impeccable opinion issued by the District or Municipal Police Commander appropriate for his or her place of residence, prepared on the basis of information currently available to the Police. Has the physical and mental ability to perform tasks, confirmed by current psychological medical certificates. Qualified employee examinations are carried out every three years. The candidate must also have theoretical and practical preparation in the field of shooting training, self-defense, intervention techniques and knowledge of legal provisions related to the protection of persons and property. The security guard specialist course lasts 150 hours. An applicant for entry on the list of qualified physical security workers must submit:

The application complies with the template specified in the Regulation of the Ministry of Internal Affairs of December 16, 2013.

Regarding the template of the application for entry on the list of qualified security workers (Journal of Laws of 2013, item 1628). School leaving certificate. Medical and psychological reports. A document confirming preparation to perform the tasks of a security employee (e.g. certificate of completion of a security employee course).

Submitting a declaration of full legal capacity under penalty of perjury. No criminal record for intentional crimes and no criminal proceedings for such an offense pending against the applicant.

When applying for entry on the list of security workers, original documents or copies certified by a notary, or possibly the applicant’s representative, lawyer or legal advisor, must be submitted. The application together with all required documents should be submitted to the headquarters of the Provincial Police Headquarters.

A stamp duty of PLN 17 is charged for issuing a certificate of entry on the list of qualified physical security workers. Proof of payment of the stamp duty must be attached to the application.

Art. 26 Entry on the list of qualified physical security employees entitles them to perform personal and property protection activities.

Security workers who perform activities as part of specialized armed security formations, employees who are part of teams transporting cash and other valuable or dangerous items, security workers who perform direct personal protection activities, persons who supervise and control physical security workers who are not entered on the list of qualified physical security workers. Security personnel obtain the right to possess an object weapon after passing an examination at the Provincial Police Headquarters in accordance with the Weapons and Ammunition Act. Security staff perform tasks in areas, facilities and devices subject to mandatory protection. A person entered on the list of qualified employees is entitled to develop a security plan for the protection of persons and property, organize and manage teams of physical security employees. A person who has Polish citizenship or the citizenship of another Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA) party to the Agreement on the European Economic Area may apply for inclusion on the list of qualified security personnel.

To receive such an entry, a future security employee must meet the following conditions: he or she is 21 years old, has completed at least junior high school or primary school, has full legal capacity, has not been convicted of an intentional crime by a final judgment and is not subject to criminal proceedings for such an offense. has an impeccable opinion issued by the poviat, district or city police commander competent for his place of residence, prepared on the basis of information currently available to the Police. Has physical and mental abilities to perform tasks confirmed by medical and psychological certificates, whose validity has not expired, has theoretical and practical preparation in the field of shooting training, self-defense, intervention techniques and knowledge of legal provisions related to the profession of a person and property protection worker.

The list of qualified physical security workers also includes persons who

Which were recognized as qualifications to perform the profession of security worker under the Act of 22 December 2015 on the principles of recognition of professional qualifications acquired in the Member States of the European Union. The opinion I have already mentioned is issued at least every three years, in the form of a decision that can be appealed against, writing a complaint. A professional diploma or a diploma confirming the professional qualifications of a physical protection technician of persons and property, or a certificate confirming qualifications in the profession or a certificate of qualifications in the profession of a physical protection technician of persons and property also entitles the person to be entered on the list of qualified security workers, diplomas or certificates of officers” or non-commissioned officers” schools of the Police or Border Guard.

Certificate of professional training ending with passing the examination for the first non-commissioned officer rank, a warrant officer or a prison service officer along with a certificate of specialist training in the field of protective specialization in the prison service. Certificate of completion of other courses confirming theoretical and practical preparation in the field of shooting training, self-defense, intervention techniques and knowledge of legal provisions related to the protection of persons and property conducted by public and non-public institutions and centers in accordance with the provisions of Art. 117 of the Act. University diplomas educating in the field of law, public administration, national security or internal security confirming specialized theoretical preparation in the field of knowledge of law related to the protection of persons and property. The minister responsible for internal affairs, in consultation with the minister responsible for education and the minister responsible for higher education and science, has determined, by way of a regulation, the requirements for the courses and training referred to, including the detailed subject matter and form of conducting the classes, with a view to ensuring the appropriate level of training of physical security staff. Article 36 When performing security tasks, a security employee has the right to establish the right to stay in the areas he protects or in protected facilities and to identify persons in order to establish their identity, calling people to leave the area or facility if it is found that they do not have the right to stay in the protected area or facility or if there is a disturbance of order. Capturing persons who clearly pose a direct threat to human life or health, as well as protected property, within or outside protected areas or facilities, in order to immediately hand over these persons to the Police, use or make use of direct coercive measures referred to in Art. 12 in point 12 and 13 of the Act of 24 May 2013 on means of direct coercion and firearms. Within the boundaries of protected areas and facilities and outside the boundaries of facilities and protected areas, the use or use of firearms within the boundaries of protected facilities and areas in the cases referred to in Art. 45 of the Act of 24 May 2013 on means of direct coercion and firearms, excluding cases of counteracting activities leading directly to attacks. Outside the boundaries of facilities and protected areas referred to in Art. 45 and art. 47 of May 24, 2013.

Art.38b A qualified physical security employee is obliged to complete a course improving the skills referred to in Art. every 5 years. 26 section 3 points 8, present a certificate of completion of this course to the competent provincial police commander. From the obligation referred to, a person acting as a managing member to manage the business, a commercial proxy or a proxy appointed to manage the business specified in the license or conducting a licensed business activity as an individual entrepreneur or partner in a partnership commercial company is exempt, if he does not personally perform the activities14. The improvement course referred to in the Act is conducted in the subjects indicated in

Art. 26. The minister responsible for internal affairs, in consultation with the minister responsible for education and upbringing and the minister for higher education and science, determined, by way of a regulation, the detailed subject matter, the form and duration of the course referred to in section 1 in an amount not exceeding 50 hours, taking into account the appropriate level of training of physical security employees. Changes in regulations The Act contains provisions amending other acts. To sum up, the Act on the Protection of Persons and Property defines the principles of operation of security staff throughout Poland.

Areas, facilities and devices subject to mandatory protection, creation of an internal security service, business activities in the field of protection of persons and property, qualification requirements and authorizations of security employees, supervision of activities in the field of protection of persons and property. Pursuant to the Act on the Protection of Persons and Property, a security employee is a person who is on the list of qualified physical security or technical security employees17.

This person is responsible for security as part of the internal security service or works for an entrepreneur who has a license to conduct business activities related to the protection of persons and property. The Act indicates that a security employee may be a person who is not on the above list, and who performs tasks belonging to a qualified employee.

Both qualified and unskilled employees can perform cleaning duties. This means that, while performing their duties, they can verify the authorization of persons to stay in the protected area, confirm the person’s identity by means of their ID card, call an unauthorized person to leave the protected area, apprehend a person who poses a direct threat to life, health or property and hand him over to the Police18. Additionally, a qualified security employee has the right to use direct coercive measures in situations of direct threat to life, health or property.

It can only do this to protect or ward off an attack. The use of direct coercive measures is only possible in cases specified in the Act. The means of direct coercion include firearms, physical force, i.e. defense, restraint and transport techniques, handcuffs, service baton, pepper spray and an electric stun gun and a service dog. An employee of an agency for the protection of persons and property without qualifications, as a civilian, may have his or her own legal means of self-defense, e.g. pepper spray or a telescopic baton. The law does not prohibit their possession. However, they are not treated as an element of direct coercive measures related to the work performed by him. Only a qualified security employee who has appropriate certificates from completed courses and training has the right to use the full range of direct coercive measures. Direct coercive measures cannot be used preventively, e.g. the service baton cannot be used as a means to break passive resistance.

A qualified security employee must comply with the principle of proportionality, i.e. use a coercive measure that is adequate to the threat.

He has no right to use direct coercive measures against passive persons, and may use physical force when he cannot use other, less drastic measures. In addition, a security employee is obliged to provide assistance to a person against whom direct coercive measures have been applied if his health condition requires requires.

A security employee must be in good physical and mental condition and must not have a criminal record. An important element of this job is also the ability to quickly respond to various situations, as well as the ability to operate safety equipment.

August 22, Act on the protection of persons and property

Article 1. The Act specifies: areas, facilities and devices subject to mandatory protection; principles of creating and operating internal security services; principles of running a business in the field of personal and property protection services; required qualifications and authorizations of security staff; supervision over the functioning of the protection of persons and property; rules for protecting transported weapons, ammunition, explosives, weapons, military devices and equipment.

Article 2. The terms used in the Act mean:

Unit manager — a person or body of an entrepreneur or other organizational unit authorized, in accordance with the law, statute, contract, to manage it;

The liquidator or trustee is also considered to be the manager of the entity; area subject to mandatory protection, area defined by ministers, heads of central offices and voivodes, separated and appropriately marked;

Protection of persons — activities aimed at ensuring safety of life, health and personal integrity;

Property protection — measures to prevent crimes and offenses against property, as well as to prevent damage resulting from these events and to prevent unauthorized persons from entering the protected area;

Security employee a person entered on the list of qualified physical security employees or qualified technical security employees, and performing security tasks as part of the internal security service or for an entrepreneur who has obtained a license to conduct business activities in the field of security services for persons and property, or a person performing security tasks, to the extent that does not require entry on these lists, for an entrepreneur who has obtained a license to conduct business activities in the field of security services for persons and property; specialized armed protective formations, internal security services and entrepreneurs, who have obtained licenses to conduct business activities in the field of protection services for persons and property, possessing weapons on the basis of the weapons certificate referred to in Art. 29 section 1 point 1 and 2 of the Act, installation of electronic alarm devices and systems signaling threats to protected persons and property, and operation, maintenance and repairs at the places of their installation, installation of devices and mechanical security measures as well as their operation, maintenance, repairs and emergency opening at the places of installation.

Art. 4. 1. The Act does not violate the provisions regarding the protection of areas, facilities and equipment of organizational units subordinated to, subordinated to or supervised by: 1) the Minister of National Defense, the minister responsible for internal affairs, the Minister of Justice, the minister responsible for foreign affairs, the Head of the Internal Security Agency, the Head of the Foreign Intelligence Agency, the Head of the Central Anti-Corruption Bureau, as well as regulations regarding the protection of weapons transport, ammunition, explosives, weapons, devices and military equipment manufactured by these units. The Act does not violate the provisions relating to the organization and principles of operation of other armed services and protective formations established on the basis of separate acts. The Act does not apply to the Marshal’s Guard subordinated to the Speaker of the Sejm. Areas, facilities, equipment and transports subject to mandatory protection Article 5. 1. Areas, facilities, equipment and transports important for defense and the economic interest of the state, public security and other important interests of the state are subject to mandatory protection by specialized armed protection formations or appropriate technical security.

To the areas, facilities and devices referred to in section 1, include: in the field of state defense, in particular: special production plants and plants in which scientific research or design work is carried out in the field of such production, plants producing, renovating and storing armaments, military devices and equipment, warehouses of strategic reserves referred to in Art. 15 of the Act of October 29, 2010 on strategic reserves (Journal of Laws of 2017, item 1846); in the field of protection of the economic interest of the state, in particular: plants directly related to the extraction of mineral resources of strategic importance for the state, sea and airport ports, banks and enterprises producing, storing or transporting monetary values in significant quantities; in the field of public safety, in particular: plants, facilities and devices that are important for the functioning of urban agglomerations, the destruction or damage of which may pose a threat to human life and health and the environment, in particular power plants and heating plants, water intakes, waterworks and sewage treatment plants, plants using, producing or storing in significant quantities nuclear materials, radioactive sources and waste, toxic, narcotic, explosive or chemical materials with high susceptibility to fire or explosion, fuel pipelines, power and telecommunications lines, water dams and locks and other devices located in open areas, the destruction or damage of which may pose a threat to human life or health, the environment or cause serious material losses; in the field of protection of other important interests of the state, in particular: plants with unique economic production, telecommunications, postal, television and radio facilities and devices, museums and other facilities containing national cultural goods, state archives; facilities, including buildings, devices, installations and services included in the uniform list of facilities, installations, devices and services included in critical infrastructure.

Detailed lists of areas, facilities and equipment referred to in section 2, prepared by: The President of the National Bank of Poland, the National Broadcasting Council, ministers, heads of central offices and voivodes in relation to subordinated, subordinated or supervised organizational units.

Placing a specific area, facility or device on the list is made by way of an administrative decision. The lists referred to in section 3, the President of the National Bank of Poland, the National Broadcasting Council, ministers and heads of central offices send it to the territorially competent voivodes and update it on an ongoing basis.

Voivodes keep records of areas, facilities and devices subject to mandatory protection located in the voivodeship. The records are confidential. The voivode, by way of an administrative decision, may include in the register referred to in section 5, areas located within the voivodeship, facilities and equipment of entities other than those specified in section 3. Article 6. 1. The minister responsible for internal affairs, at the request of the President of the National Bank of Poland, the National Broadcasting Council and interested ministers or heads of central offices, may introduce for organizational units subordinated to or subordinated to the requesting authority or supervised by it regulations of general conditions and procedures for the protection of areas, facilities and devices referred to in Art. 5. 2. The minister responsible for internal affairs, after seeking an opinion.

The President of the National Bank of Poland will specify, by way of a regulation, the requirements for the protection of monetary values stored and transported by entrepreneurs and other organizational units, taking into account the need to ensure an appropriate level of security of the protected monetary values.

Art. 7. 1. The head of the unit who directly manages the areas, facilities and devices included in the register referred to in Art. 5 section 5, or a person authorized by him, are obliged to agree on the protection plan for these areas, facilities and devices with the territorially competent Provincial Police Commander, and in the case of threats of a terrorist nature, with the territorially competent director of the delegation of the Internal Security Agency. The head of the unit referred to in section 1, no later than 3 days before the planned date of commencement of transport subject to mandatory protection, is obliged to agree with the provincial police commander, territorially competent for the place of departure of the transport, on the transport protection plan. The provision of section 2 shall apply accordingly. The protection plan should: take into account the nature of the production or type of activity of the entity; include an analysis of the state of potential threats, including threats of a terrorist nature, and the current state of security of the unit, provide an assessment of the current state of protection of the unit; contain data on the specialized armed security formation, including: staffing level, type and quantity of weapons and equipment, method of securing weapons and ammunition; contain data on the type of technical security; include the principles of organizing and implementing individual protection. When agreeing on the protection plan, the Provincial Police Commander takes into account the potential threat level of the individual and the requirements specified in applicable law. Refusal to agree on a protection plan is made by way of an administrative decision. Internal security services

Art. 8. Internal security services, in particular: ensure protection of property within the boundaries of protected areas and facilities; ensure protection of important unit equipment located outside the boundaries of protected areas and facilities; escort property of an individual; perform other tasks resulting from the unit’s protection plan. Internal security services appointed by entrepreneurs may provide services in the field of protection of persons and property after obtaining the license referred to in Art. 15. Art. 9. Internal security services report to the head of the unit or a person authorized in writing by him, directly subordinated to this head. Art.9a.1.

The head of the unit issues a qualified physical security employee’s ID to an employee entered on the list of qualified physical security employees or a qualified technical security employee’s ID to an employee entered on the list of qualified technical security employees, who are part of the internal security service subordinated to him. The ID cards referred to in section 1, contain: an individual number consistent with the ID card records referred to in section 3; current photo of the employee; employee’s name and surname; name, address and telephone number of the unit where the internal security service provides security; information about the statutory rights of its holder; date and place of issue and name, surname and signature of the head of the unit. The ID cards referred to in section 1, may contain the stamp of the head of the unit.

The head of the unit keeps records of the ID cards referred to in section

The minister responsible for internal affairs will determine, by way of a regulation: the ID templates referred to in section 1, the procedure and conditions for issuing, exchanging or returning them, the method of keeping records of the ID cards referred to in section 3 taking into account the uniformity of the ID cards used, documentation and procedures related to their issuance, exchange or return, as well as the possibility for the interested person to read the data contained in these ID cards. Art. 10.1. The territorially competent provincial police commander may, by way of an administrative decision, issue a permit to establish an internal security service in a unit that does not include areas facilities and devices included in the records referred to in Art. 5 section 5, at the request of the managers of these units, justified by important economic or public interest. The application should contain the information referred to in Art. 7 section 2. The provisions of section 1 does not apply to internal security services, operating in the areas of organizational units subordinated to, subordinated to or supervised by the Minister of National Defense.

Art. 11. 1. Authorization to establish an internal security service, referred to in Art. 10 section 1 may not be issued if: the protection plan does not contain the information referred to in Art. 7 section 2; the applicant entity does not ensure compliance with the conditions arising from the regulations issued under the Act. The Provincial Police Commander, by way of an administrative decision, withdraws the permit for the operation of the internal security service if: the head of the unit submits such an application; no internal security service was established within 3 months from the date of issue of the permit; gross deficiencies or irregularities in the internal organization of the security service identified during the inspection were not removed within the prescribed deadline; the activities of the internal security service are conducted inconsistently with the security plan; circumstances have ceased, for which the permit has been issued. From the decisions referred to in section 1 and 2 may be appealed to the Chief Commander of the Police.

Art. 12. Internal security services cooperate with the Police, fire protection units, civil defense units and municipal (municipal) guards in the field of protection of persons and property.

Art. 13. The minister responsible for internal affairs will define, by way of a regulation, for internal security services: detailed rules and the procedure for their creation; organizational structure, scope of activities and method of maintaining protective documentation; weapons and equipment; service uniforms and badges and how to create names for them.

Art. 14 The Minister of National Defense will specify, by way of a regulation, for internal security services operating in areas subordinated to, subordinated to or supervised by organizational units: the conditions and procedure for their creation; organizational structure and scope of activities; weapons and equipment; employment conditions of employees; service uniforms and badges. Principles of conducting business activity in the field of personal and property protection services and control of this activity

Art. 15. Starting a business activity in the field of protection services for persons and property requires obtaining a license specifying the scope and forms of providing these services. Business activity within the scope referred to in Art. does not require a license. 3 point 2, if it does not apply to areas, facilities and devices specified in Art. 5 section 5.

Art. 16. 1. The licensing authority competent to grant, refuse to grant, change, limiting the scope of business activity or the form of services and withdrawing business licenses in the field of protection of persons and property services is the minister responsible for internal affairs. Before granting a license, the licensing authority seeks the opinion of the Provincial Police Commander,

Competent for the registered office or place of residence of the entrepreneur, and before issuing the decisions referred to in section 1, other than granting a license, the licensing authority may seek the opinion of the commander.

Art. 17. 1. A license is issued at the request of: an entrepreneur who is a natural person, if he is entered on the list of physical security workers or qualified technical security workers; entrepreneur other than a natural person,

If the list of qualified physical security employees or qualified technical security employees includes at least one person who is a partner in a general partnership or limited partnership, or a member of the management body, a commercial proxy or an attorney appointed by the entrepreneur to manage the activities specified in the license, and the other persons authorized to represent the entrepreneur have not been punished for an intentional crime or an intentional fiscal crime. The application must be accompanied by original documents, a certified copy or certified translation. The application for granting a license should include: the entrepreneur’s business name, designation of his registered office and address or residential address; number in the register of entrepreneurs in the National Court Register or information about the entry in the Central Register and Information on Business and tax identification number (NIP); determining the scope and forms of economic activity for which a license is to be granted; date of commencement of the business activity covered by the license, addresses of the places of business activity covered by the application, including storing the documentation referred to in Art. 19 section 1 point 2 and 3; data of the entrepreneur who is a natural person, persons authorized or members of the body authorized to represent the entrepreneur, proxies and the attorney appointed to manage the activities specified in the license, including: a) name and surname, date and place of birth, citizenship, PESEL number, if assigned, series and number of the passport or other document confirming the identity and addresses of residence of these persons for permanent and temporary residence, f) information about entry on the list of qualified physical security employees or qualified technical security employees; information about licenses held, permits or entries in the register of regulated activities.

The application for granting a license must be accompanied by the following documents: certificate of entry on the list of qualified physical security workers or qualified technical security workers; declaration of no criminal record of the entrepreneur and persons,

Referred to in Art. 17 section 3 point 6, citizens of European Union Member States, Member States of the European Free Trade Association (EFTA) parties to the Agreement on the European Economic Area and citizens of countries that are not parties to the Agreement on the European Economic Area, which may exercise freedom of establishment on the basis of the agreements concluded by those countries with the European Community and its Member States; a certified translation of the certificate of good conduct of entrepreneurs and persons other than those mentioned in point 2. The declaration referred to in section 5 point 2, is submitted under pain of criminal liability for submitting false testimony. The person submitting the declaration is obliged to include the following clause: „I am aware of criminal liability for submitting a false declaration.” This clause replaces the authority’s instruction on criminal liability for submitting false testimony. The minister responsible for internal affairs will determine, by way of a regulation, the template of the application submitted to the licensing authority by an entrepreneur applying for granting or changing a license to conduct business activities in the field of protection of persons and property, taking into account the data contained in section 3 and information about the documents required when submitting an application for a license, with a view to facilitating the activities related to submitting the application for entrepreneurs and ensuring the efficiency of the proceedings.

Art. 17a.

The licensing authority may refuse to grant a license or limit its scope in relation to the application for granting a license or refuse to change the license: when the entrepreneur does not meet the conditions for performing the activities covered by the license specified in the Act; due to a threat to the defense and security of the state and the safety or personal rights of citizens; an entrepreneur whose business license specified in the Act was withdrawn within the last three years for the reasons listed in Art. 22 section 1 point 1, section 2 and 3, or the entrepreneur is represented by a person who was a person authorized to represent another entrepreneur or was his representative appointed to manage the activities specified in the license, and his activities resulted in the issuance of a decision withdrawing the license of that entrepreneur; entrepreneurs, who was removed from the register of regulated activities in the last three years due to submitting a statement that was inconsistent with the facts; when the entrepreneur is subject to liquidation or bankruptcy is declared.

Art. 17b.

An entrepreneur who provides information constituting a business secret within the meaning of the provisions on combating unfair competition during the concession granting procedure may submit a request for this information to be classified as confidential. The information is subject to a confidentiality clause, provided that the trader: when providing the information, justifies his request; will prepare a summary of the information provided, which may be made available to other participants in the proceedings. Information classified as confidential may not be made available to other participants in the proceedings without the consent of the entrepreneur providing the information

.Art. 17c. 1. An entrepreneur who intends to undertake a business activity that requires obtaining a license may apply for a promise to grant a license, hereinafter referred to as the „promise”. The promise makes the granting of a license conditional on meeting the conditions for conducting business activities requiring a license. In the procedure for granting a promise, the provisions relating to the granting of a license shall apply. The promise specifies its validity period, but it cannot be shorter than 6 months. During the validity period of the promise, it is not possible to refuse to grant a license to conduct business activities specified in the promise, unless: 1) the data contained in the application for a promise have changed; the applicant has not met all the conditions specified in the promise; the circumstances referred to in Art. 17a points 1 and 2. In the event of the entrepreneur’s death, during the validity period of the promise, it is not possible to refuse to grant a license to conduct business activities specified in the promise to the owner of the inherited enterprise within the meaning of Art. 3 of the Act of July 5, 2018 on the succession management of a natural person’s enterprise (Journal of Laws, item 1629) or, if the entrepreneur was a partner in a civil partnership, to another partner of that company, if this person submits the written consent of the owners of the inherited enterprise to grant him or her this concession, unless: the data contained in the application for granting a promise have changed, other than the data of the person who submitted the application for granting the promise. promises; the owner of an inherited enterprise or a partner in a civil partnership who submitted an application for a license did not meet the conditions specified in the promise; the owner of an inherited enterprise or a partner in a civil partnership who submitted an application for a license did not meet the conditions for conducting the activities covered by the license; it is justified by a threat to the defense and security of the state and the safety or personal rights of citizens.

Art. 17d. A stamp duty is charged for granting or changing a license and for granting a promise. Art. 18. 1. The license contains: the entrepreneur’s business name, designation of his registered office and address or residential address;

Number in the register of entrepreneurs in the National Court Register or information about the entry in the Central Register and Information on Business and tax identification number (NIP); names and surnames of partners or members of the management board, proxies and proxies, if appointed, with an indication of persons entered on the list of physical security employees or qualified technical security employees; defining the scope of business activity and the form of services; indication of the place of business activity; determining its validity period; specifying the area of business activity in the field of protection of persons and property and the date of its commencement.The license may contain specific conditions for conducting business activities in the field of protection of persons and property, specified by the authority referred to in Art. 16. The entrepreneur is obliged to report to the licensing authority changes in the data referred to in section 1 points 1, 1a, 2 and 4, within 14 days from the date of their creation. Art. 19. 1. An entrepreneur conducting business activity in the field of protection of persons and property is obliged to: notify the licensing authority about taking, suspension and permanent cessation of business activity; 2) keep and store documentation regarding: security employees, including employment contracts and civil law contracts, organization and performance of security by specialized armed security formations, regarding the daily use of security personnel, their equipment and weapons as well as the means of transport used, along with a detailed description of the protection provided; keep contracts in writing in the scope of business activity and store concluded contracts and documentation related to them; provide the documentation referred to in points 2 and 3, at the request of the authority authorized to inspect; continuously meet the conditions referred to in Art. 17 section 1 point 2, if the license was obtained by an entrepreneur other than a natural person; supervise the performance of security tasks by security personnel; verify the criminal record of security staff, and in the case of an entrepreneur other than a natural person, additionally of persons, referred to in Art. 17 section 1 point 2. As part of the documentation referred to in section 1 point 2 letter a, the entrepreneur maintains a list of security employees, which includes: name and surname of the security employee; date and place of birth; address of residence or temporary stay; PESEL number, and if it is not granted to a person with citizenship of another country, the series and number of the passport or other document confirming identity; date of entry on the lists referred to in Art. 28 section 1, and identification of the authority that made the entry; ID number of the person allowed to possess weapons; the date of concluding the contract with the security officer and the date of its termination; dates of training and courses referred to in Art. 26 section 7 points 3—7 and art. 38b section 1; dates of verification of security personnel’s criminal records.

The documentation referred to in section

1 point 2 and is stored for a period of 5 years from the date of termination of business activity in the field of personal and property protection services, and in the case of documentation regarding the implementation of the contract, from the date of expiry of the contract. Data referred to in section 2 points 5, 6 and 8, shall be included in the list of security workers, in relation to security workers, to which they apply. The minister responsible for internal affairs will determine, by way of a regulation, the form and manner of keeping the documentation referred to in section 1 point 2 letter b and point 3, and the list referred to in section 2, the method of making corrections and the scope of data that the documentation should contain,

Bearing in mind the need to ensure proper registration of concluded contracts and proper protection of data contained in the register against loss, unauthorized change, unauthorized access or deletion. Art. 20. 1. An entrepreneur conducting business activities in the field of protection of persons and property: means security employees in a uniform manner enabling their identification and the identification of the employing entity; ensures that security personnel wear uniforms, enabling their identification and the identification of the employing entity in the case referred to in Art. 40 section 1; issues a physical security employee’s ID card to the security employee, ID card of a qualified physical security employee or ID card of a qualified technical security employee before being allowed to perform tasks related to the protection of persons and property. The ID card of a qualified physical security employee and a qualified technical security employee is issued only to a security employee who is entered on the list of qualified physical security employees or qualified technical security employees. The ID cards referred to in section 1 point 3, contain: an individual number consistent with the ID card records kept by the entrepreneur, referred to in section 4; current photo of the security employee; name and surname of the security officer; identification of the entrepreneur issuing the document, entrepreneur’s company name, registered office and address, telephone number and license number; information about the statutory rights of its holder; date and place of issue, name and surname and signature of the person issuing the ID card. The ID cards referred to in section 1 point 3 may contain the stamp of the issuing entity.

The entrepreneur keeps records of the ID cards referred to in section 1 point 3. The minister responsible for internal affairs will determine, by way of a regulation: the ID templates referred to in section 1 point 3, the procedure and conditions for their issuance, exchange or return, the method of keeping records referred to in section 4 taking into account the uniformity of the ID cards used, documentation and procedures related to their issuance, exchange or return, as well as the possibility for the interested person to read the data contained in these ID cards.

Art. 21. 1. The uniforms of security personnel employed by the entrepreneur should have markings that clearly distinguish them from uniforms that are under special protection or whose designs have been introduced on the basis of separate regulations. The IDs and badges of security staff employed by the entrepreneur should be visibly different from the IDs and badges of officers and public service employees. A security employee cannot cover his or her face in order to prevent or significantly impede his or her identification.

Art. 21a.1. An entrepreneur conducting business activity in the field of protection of persons and property is obliged to fulfill the obligation to provide civil liability insurance for damage caused in connection with the protection of persons and property. The minister responsible for financial institutions, in consultation with the minister responsible for internal affairs,

After consulting the Polish Chamber of Insurance, it will determine, by way of a regulation, the detailed scope of compulsory insurance referred to in section 1, the date on which the insurance obligation arises and the minimum guarantee sum, taking into account in particular the specificity of the activity performed and the scope of tasks performed.

Art.22.1. The licensing authority withdraws, by way of an administrative decision, a license to conduct business activities in the field of protection of persons and property, if: a final ruling prohibiting the entrepreneur from conducting business activities covered by the license has been issued;

The entrepreneur did not undertake the activities covered by the concession within the prescribed period despite the request of the licensing authority or permanently ceased to carry out the business activities covered by the concession. The licensing authority withdraws the license or changes its scope, in the event that the entrepreneur: within the prescribed period, has not removed the factual or legal situation that is inconsistent with the conditions specified in the license or with the provisions regulating the business activity covered by the license; grossly violates the conditions specified in the license or other conditions for conducting the licensed business activity, specified by law; has not concluded the insurance contract referred to in Art. 21a section 1. The licensing authority may withdraw a license or change its scope due to: a threat to the defense and security of the state or the security of citizens or a threat to the security of public order; failure of the entrepreneur to inform the licensing authority about changes to the data specified in the license referred to in Art. 18 section 1 point 1, 1a, 2 and 4, within the deadline specified in Art. 18 section 3; declaration of bankruptcy or liquidation of the entrepreneur; allowing a person not entered on the list of qualified physical security employees or qualified technical security employees to perform the tasks of a qualified physical security employee or a qualified technical security employee; issuing a decision declaring the inadmissibility of exercising rights attached to shares of an entrepreneur, pursuant to the provisions of the Act of July 24, 2015 on the control of certain investments (Journal of Laws of 2017, item 1857).

Art. 22a.1. An entrepreneur applying to conclude an agreement to conduct civil aviation security activities at airports is obliged to: present information on previous activities, including financial documents for the last 3 years and for the year in which he applies for security control activities.: conduct business activity in the field of personal and property protection services for at least 5 years; provide information on the number of qualified physical security employees or technical security employees; provide information on the number of employees who meet the requirements specified in the provisions on civil aviation security for persons performing tasks in the field of air traffic security control; provide information about planned training of people, who will perform air traffic security control tasks, and the expected date of their completion; present documents confirming that at least 10% of the number of employees necessary for the proper performance of this control have the authority to conduct air traffic safety inspections; indicate the declared date, in which employees who meet the requirements for persons performing air traffic safety checks will be employed in the number necessary to perform the tasks, present a certificate from the Social Insurance Institution and the tax office confirming no arrears with respect to public law liabilities; present a declaration, submitted under pain of criminal liability for making false statements, about having financial resources or creditworthiness in the amount necessary to perform the tasks, regarding the costs of preparing employees to perform the tasks; provide a statement, submitted under pain of criminal liability for making false statements that there are no proceedings pending to revoke the license to conduct business activities in the field of personal and property protection services; document the possibility of meeting the organizational conditions necessary to ensure proper, uninterrupted performance of air traffic security checks in terms of the number of security personnel with appropriate security clearances and qualifications who are to perform these tasks; submit a declaration made under pain of criminal liability for making false declarations, o the ability to independently perform air traffic security checks; conclude a civil liability insurance contract for damages arising in connection with the business activity conducted in the field of civil aviation security at airports.

The minister responsible for financial institutions, in consultation with the minister responsible for transport and the minister responsible for internal affairs, will determine, by way of a regulation, the detailed scope of compulsory insurance referred to in section 1 point 13, the date when the insurance obligation arises and the minimum guarantee sum, taking into account the specificity of running a business in the field of civil aviation security at airports. Art.22b. An entrepreneur running a business in the field of civil aviation security at airports is obliged to perform this activity independently, without the possibility of entrusting civil aviation security activities at airports to other entities.

Art. 23.1. The minister responsible for internal affairs may authorize the Chief Commander of the Police to control business activities in the field of services for the protection of persons and property requiring a license. In case

Referred to in section 1, the Chief Commander of the Police may entrust the performance of inspections to voivodeship police commanders.

Art.23a.1.

The minister responsible for internal affairs may authorize the Commander-in-Chief of the Border Guard to inspect business activities in the field of personal and property protection services regarding the correctness of security controls carried out at airports. In the case referred to in section 1,

The Commander-in-Chief of the Border Guard may entrust the inspection to commanders of Border Guard units. Art.23b.1. The licensing authority may appoint an inspection team for the duration of the inspection to carry out an inspection of the entrepreneur’s business activities in the field of personal and property protection services, which may include representatives of the minister responsible for internal affairs, the Minister of National Defense, the Commander-in-Chief of the Police, the Commander-in-Chief of the Border Guard or the President of the Civil Aviation Office. At the request of the licensing authority, the Minister of National Defense, the Chief Commander of the Police, The Commander-in-Chief of the Border Guard or the President of the Civil Aviation Office delegate officers, soldiers or employees of subordinated or supervised organizational units to work in the control team. When appointing an inspection team, the licensing authority appoints its manager, who manages the course of inspection activities and prepares a post-inspection report.

Inspection activities are performed on the basis of the authorization issued by the licensing authority and an official ID card. Art. 23c. 1. An entrepreneur conducting business activities within the scope referred to in Art. 3, is subject to control by the licensing authority in the scope of: compliance of the activity performed with the granted license; compliance with the conditions for conducting business activities; posing a threat to defense, state security or public order; protecting the safety or personal rights of other people. Persons authorized by the licensing authority to inspect business activities in the field of personal and property protection services are entitled to: enter the premises of the property, facility, premises or part thereof where the business activity covered by the license is conducted, on the days and hours, where this activity is performed or should be performed, including free access to protected areas and facilities, as well as other places where protection is carried out as part of the business activity; request oral or written explanations, presenting documents or other information media and providing data and items related to the subject of the inspection; identification of security personnel in order to establish or confirm their identity. The inspection report includes in particular: the name of the entrepreneur and his address; name and surname of the controller or controllers; date of commencement and completion of inspection activities; defining the scope of control; a description of the actual status found as a result of the inspection, including any irregularities found. Art.23d. licensing authority, in the event of finding irregularities in the business activity covered by the license, he may call on the entrepreneur to remove them within a specified period.

Article 24. In matters of granting a licence, refusing to grant a licence, changing a licence, withdrawing a licence, restrictions on the scope of concessions and control of business activities in the field of protection services for persons and property, the provisions of Art. 32 of the Act of March 6, 2018, Entrepreneurs” Law (Journal of Laws, items 646, 1479, 1629 and 1633). Art. 24a. The licensing authority may address the courts, prosecutor’s office, police, the Border Guard and public administration bodies to provide information, materials and data in their possession, relevant to the ongoing administrative proceedings or explanatory proceedings aimed at determining whether the economic activity carried out in the field of protection of persons and property by the entrepreneur, regarding which proceedings are being conducted, grossly violates the conditions specified in the license or other conditions for conducting licensed business activity, specified by law, or whether the activity of this entrepreneur does not constitute a threat to the defense and security of the state or the safety of citizens. Art. 24b. licensing authority, if it has information about possible irregularities in the business activity covered by the license, it may call on the entrepreneur to submit written explanations and provide documents in order to verify the information held and determine, whether the entrepreneur meets the conditions for conducting business activities covered by the license. Qualification requirements for security staff

Article 25. The tasks of protection of persons and property carried out by internal security services and entrepreneurs who have obtained a license in the field of protection of persons and property services shall be performed by security personnel.

Art. 26. 1. Entry on the list of qualified physical security employees entitles them to perform the activities referred to in Art. 3 point 1, by: security personnel performing activities as part of specialized armed security formations; security employees who are part of teams transporting cash and other valuable or dangerous items; security workers directly performing activities related to the protection of people; persons supervising and controlling the work of physical security employees who are not entered on the list of qualified physical security employees; security employees who have the right to perform certain activities.

In art. 36 section 1 point 4, in art. 36 section 1 point 5 after being allowed to possess weapons in accordance with the provisions of the Weapons and Ammunition Act; security workers performing tasks in areas, facilities and devices subject to mandatory protection. A person entered on the list of physical security employees is entitled to: develop a security plan within the scope specified in Art. 3 point 1; organizing and managing teams of physical security workers. The list of qualified physical security personnel includes a person who: has Polish citizenship or the citizenship of another Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Association (EFTA) party to the Agreement on the European Economic Area; is over 21 years old; graduated from at least junior high school or eight years of primary school; has full legal capacity; has not been convicted of an intentional crime by a final judgment and there are no criminal proceedings pending against him for such an offense; has an impeccable opinion issued by the poviat (district, city) Police Commander competent for his/her place of residence, prepared on the basis of information currently available to the Police or, in the case of a citizen of another Member State of the European Union, the Swiss Confederation or a Member State European Free Trade Association (EFTA) party to the Agreement on the European Economic Area and a Polish citizen residing in these countries by an authority of the appropriate level and competence of these countries, competent for the place of residence of this person; has the physical and mental ability to perform tasks, confirmed by medical and psychological certificates whose validity has not expired; has theoretical and practical preparation in the field of shooting training, self-defense, intervention techniques and knowledge of legal provisions related to the protection of persons and property.

The list of qualified physical security workers also includes a person whose qualifications to perform the profession of a physical security worker have been recognized pursuant to the Act of 22 December 2015 on the principles of recognition of professional qualifications acquired in the Member States of the European Union (Journal of Laws of 2016 item 65 and from 2018 item 650 and 1669). The opinion referred to in section 3 point 6, shall be issued no less frequently than every 3 years, in the form of a decision against which a complaint may be made, and in the case of an opinion concerning a citizen of another European Union Member State, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) party to the Agreement on the European Economic Area and a Polish citizen residing in these countries, in the form adopted in this country. Fulfillment of the requirements specified in section 3 points 4 and 5, the security employee confirms with his own declaration submitted under pain of criminal liability for giving false testimony. Fulfillment of the requirement specified in section 3 point 8 confirms: diplomas confirming professional qualifications in the profession of physical protection technician of persons and property or certificates confirming qualifications in the profession of physical protection technician of persons and property;] professional diploma or diploma confirming professional qualifications in the profession of physical protection technician of persons and property, or a certificate confirming qualifications in a profession or a certificate of professional qualifications in the profession of a physical protection technician of persons and property; diplomas or certificates from universities, officers” or non-commissioned officers” schools of the Police or Border Guard; certificate of professional training ending with passing the examination for the first non-commissioned officer rank, a warrant officer or officer of the Prison Service along with a certificate of specialist training in the field of protective specialization in the Prison Service; intervention techniques and knowledge of legal provisions related to the protection of persons and property, conducted by public and non-public institutions and centers in accordance with the regulations issued pursuant to Art. 117 section 5 of the Act of December 14, 2016. Educational law; certificates of completion of training or courses confirming theoretical and practical preparation in the field of shooting training and self-defense, intervention techniques and knowledge of legal provisions related to the protection of persons and property conducted by universities. Diplomas from universities educating in the field of law, public administration, national security or internal security confirm specialized theoretical preparation in the field of knowledge of legal provisions related to the protection of persons and property. The minister responsible for internal affairs, in consultation with the minister responsible for education and the minister responsible for higher education and science, will determine, by way of a regulation, the requirements for the courses and training referred to in section 7 points 6 and 7, including the detailed subject matter and form of the conducted work. The list of qualified technical security employees also includes a person who has been recognized as qualified to perform the profession of a technical security employee pursuant to the Act of December 22, 2015. on the principles of recognition of professional qualifications acquired in the Member States of the European Union. A person entered on the list of qualified technical security employees is entitled to: develop a security plan within the scope specified in Art. 3 point 2; organizing and managing teams of technical security employees. Art. 28. 1. The list of qualified physical security employees and qualified technical security employees is maintained by the Chief Commander of the Police in the IT system.

The data subject to entry is entered by the provincial police commanders competent for the place of residence of the person to whom the entered data relates. The lists referred to in section 1, contain the following data: serial number of the entry; name(s) and surname, father’s and mother’s name, date and place of birth, residential address and PESEL number, if the person to whom the entry concerns has it; information about serving as a member of the management body, a commercial proxy or an attorney appointed to manage the licensed activity, or to conduct licensed business activity as an individual entrepreneur or partner in a partnership commercial company, with an indication of the function performed and the entrepreneur’s license number, if any.

Art. 29. 1. The competent provincial police commander makes an entry on the lists referred to in Art. 28 section 1, or changes the data included in the entry at the written request of the person to whom the entered data relates. To the application referred to in section 1, the following is attached: a document confirming your education; the applicant’s declaration of: full legal capacity, no criminal record for intentional crimes and no criminal proceedings for such crimes pending against the applicant; a certificate or certificate confirming theoretical and practical preparation in the field of shooting training and self-defense, intervention techniques and knowledge of legal provisions related to the protection of persons and property in the case of persons applying for entry on the list of qualified physical security workers; a certificate confirming completion of a technical security employee course or a certificate of vocational training in the case of persons applying for entry on the list of qualified technical security employees; judgments referred to in Art. 26 section 3 point 7 or art. 27 section 2 point 3; a positive decision on the recognition of qualifications in the profession of a physical security worker or in the profession of a technical security worker, if such a decision was issued. The competent provincial police commander issues a certificate of entry to the list to the person to whom the entered data relates. The fee for issuing the certificate is borne by the applicant according to the rates specified in the Act of November 16, 2006 on stamp duty (Journal of Laws of 2018, items 1044, 1293, 1592, 1669 and 1716). Refusal to be entered on the list is made in the form of an administrative decision of the competent Provincial Police Commander, if: the physical security employee does not meet the requirements referred to in Art. 26(3); the technical security employee does not meet the requirements specified in Article 27(2). A security guard is removed from the list of qualified physical security workers, if: a physical security employee has been convicted by a final court judgment of committing an intentional crime or criminal proceedings have been initiated against him for such an offence; does not meet the conditions specified in Art. 26 section 3 points 1 and 4—8, in Art. 30 or in

Art. 38b; while performing the tasks of a physical security employee, he committed a prohibited act specified in Art. 70 §2 or art. 87 §1 of the Act of May 20, 1971, Petty Offenses Code (Journal of Laws of 2018, items 618 and 911). A security employee is removed from the list of qualified technical security employees, in the event that: the technical security employee has been convicted by a final court judgment of committing an intentional crime or criminal proceedings have been initiated against him for such an offense; does not meet the requirements specified in Art. 26 section 3 points 1 and 4—6, art. 27 section 2 point 3 or in Art. 30; while performing the tasks of a technical security employee, he committed a prohibited act specified in Art. 70 §2 of the Act of May 20, 1971 Code of offenses. Removal from the list takes place in the form of an administrative decision of the competent Provincial Police Commander. The administrative decision referred to in section 8, is subject to immediate execution. On deletion from the list of persons performing the functions specified in Art. 28 section 2 point 3, the competent provincial police commander shall immediately notify the licensing authority. The minister responsible for internal affairs will determine, by way of a regulation, a template application for entry on the list of qualified physical security employees, template of the application for entry on the list of qualified technical security employees and template of the certificate of entry on these lists, taking into account the data referred to in Art. 28 section 2.Art. 30. A qualified physical security employee and a qualified technical security employee are obliged to notify the relevant Provincial Police Commander of any change in the data covered by the entry within 14 days from the date of its occurrence.

Art. 31. A security employee, for whom entry on the list of qualified physical security workers or qualified technical security workers is not required, may be an adult person who has not been convicted of an intentional crime by a final judgment. Article 32 Medical and psychological examinations of persons entered on the list of qualified physical security workers are carried out every 3 years or in periods shorter than 3 years: if the medical or psychological certificate indicates a shorter period for the next examination than 3 years;

after a period of incapacity for work caused by illness lasting longer than 6 months; at the request of the employer or the competent provincial police commander in the event of justified suspicion of loss of physical or mental capacity to perform tasks.

Art.33.1. Medical and psychological examinations of a person applying for entry on the list of qualified physical security workers or having such an entry are carried out at the request of that person, subject to the cases referred to in Art. 32 point 3 and art. 33a section 3. To the application referred to in section 1, A person applying for entry on the list of qualified physical security workers or having such an entry is obliged to attach a declaration, made under penalty of perjury, that he or she is not a disabled person within the meaning of the provisions of the Act of August 27, 1997. on vocational and social rehabilitation and employment of disabled people (Journal of Laws of 2018, items 511, 1000, 1076 and 1925) or does not have a certificate of disability or incapacity for work issued by the competent pension authority or documents confirming the assessed degree of disability, disability or inability to work. In the cases referred to in Art. 32 point 3 and art. 33a section 3, the person undergoing the examination is obliged to submit to the doctor and psychologist conducting the examination the declaration or documents referred to in section 2. To conduct medical examinations of persons applying for entry on the list of qualified physical security workers or who have such an entry and to issue medical certificates referred to in Art. 26 section 3 point 7, the authorized doctor referred to in Art. 15b section 1 of the Act on weapons and ammunition, who is authorized to perform the tests referred to in Art. 229 of the Act of June 26, 1974, Labor Code. The provisions of Art. shall apply to control the performance and documentation of medical examinations and the issuing of medical certificates. 15i and art. 15j of the Act on weapons and ammunition.

Art. 33a. 1. To conduct psychological examinations of persons applying for entry on the list of qualified physical security workers or who have such an entry and to issue psychological judgments referred to in Art. 26 section 3 point 7, the authorized psychologist referred to in Art. 15c section 1 of the Weapons and Ammunition Act. The provisions of Art. shall apply to control the performance and documentation of psychological tests and the issued psychological decisions. 15i and art. 15j of the Act on weapons and ammunition. Fees for medical and psychological examinations that a person applying for entry on the list of qualified physical security workers is obliged to undergo, and the medical and psychological examinations that a person with such an entry is obliged to undergo, as well as the decisions issued on their basis, are borne by the person subjected to the examination, and in the case of employees, by the employer employing this person. Medical and psychological examinations that a person is obliged to undergo, applying for entry on the list of qualified physical security workers, and medical and psychological examinations to which a person with such an entry is obliged to undergo, in relation to employees, are carried out on the basis of a referral issued by the employer, and a medical certificate issued on the basis of medical examinations, in both cases, it is treated as a judgment referred to in Art. 229 §4 of the Act of June 26, 1974. Labor Code. The minister responsible for health matters, in consultation with the minister responsible for internal affairs, will determine, by way of a regulation: the detailed scope and procedure for conducting medical and psychological examinations, to which a person applying for entry or having been entered on the list of qualified physical security personnel, units with a higher reference level referred to in Art. 34 section 3 point 1, maximum rates of fees for medical and psychological examinations, template of the declaration referred to in Art. 33 section 2, and decision forms, taking into account the need to ensure that the test results reflect the health condition of people undergoing the test, the executive potential of the reference unit, in particular the number and qualifications of medical staff, equipment and medical devices, and diagnostic and therapeutic in a specific field of medicine, and that the fee rates referred to in point 2 correspond to the costs of the tests performed.

Art. 34. 1. An appeal may be lodged in writing against a medical and psychological decision. The appeal referred to in section 1, is entitled to a person applying for entry on the list of qualified physical security workers or having such an entry, the employer and the Provincial Police Commander referred to in Art. 29 section 1. The appeal together with its justification must be submitted within 30 days from the date of delivery of the decision, through a doctor or psychologist, who issued the decision, to one of the appeal entities, which are: provincial occupational medicine centers, and if the appeal concerns a medical certificate issued in a provincial occupational medicine center, a unit with a higher reference level; units of the occupational medicine service, medical entities established and designated by the minister responsible for internal affairs; medical entities established and designated by the Minister of National Defense. Doctor or psychologist, through which the appeal is filed, forwards it together with the research documentation and the statement or documentation referred to in Art. 33 section 2, to the appellate entity within 7 days from the date of receipt of the appeal. The examination under appeal procedure is carried out within 30 days from the date of receipt of the appeal. A medical or psychological decision issued on appeal is final. Measures for physical protection of persons and property, as well as the rights and obligations of a security officer

Art. 36. 1. When performing tasks of protecting people and property, a security employee has the right to: determine the authorization to stay in protected areas or facilities and identify persons in order to establish their identity; calling on people to leave the area or facility if it is found that they do not have the right to stay in the protected area or facility or if they are found to be disturbing the peace; apprehending, within or outside protected areas or facilities, persons who clearly pose a direct threat to human life or health, as well as protected property, in order to immediately hand over these persons to the Police; use or use of direct coercive measures referred to in Art. 12 section 1 point 1 letter and, b and d, point 2 letter a, points 7, 9, point 12 letter a and point 13 of the Act of 24 May 2013 on means of direct coercion and firearms (Journal of Laws of 2018, item 1834): within the boundaries of protected facilities and areas in the cases referred to in Art. 11 points 2, 5, 8, 10 and 13 of this Act, outside the boundaries of protected facilities and areas in the event of referred to in Art. 11 point 9 of this Act; use or use of firearms: within the boundaries of protected facilities and areas in the cases referred to in Art. 45 point 1 letter a-c and point 2 and art. 47 points 3, 6 and 7 of the Act of 24 May 2013 on means of direct coercion and firearms, with the exception of cases of counteracting activities leading directly to attacks referred to in Art. 45 point 1 letter a-c of this Act, outside the boundaries of protected facilities and areas in the cases referred to in Art. 45 point 1 letter e and art. 47 points 3 and 6 of the Act of 24 May 2013 on means of direct coercion and firearms. The internal security service or an entrepreneur conducting business activity in the field of personal and property protection services keeps records of notes on the use or use of direct coercion and firearms by security employees. The use and use of means of direct coercion and firearms, as well as the documentation of this use and use, are carried out in accordance with the principles set out in the Act of 24 May 2013 on means of direct coercion and firearms. The Council of Ministers will determine, by way of a regulation, the detailed procedure for the activities referred to in section 1 points 1—3. Art.

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