Directive from the Kenyan Private Security Regulatory Authority

INTRODUCTION

The Kenyan Private Security Regulatory Authority (PSRA) has issued a crucial directive dated 15th January, 2024 empowering private security personnel in accommodation, lodging, and hospitality establishments to record and temporarily withhold identification documents. This directive comes in response to the alarming increase in criminal activities, including cases of murder, within these establishments.

OVERVIEW OF THE DIRECTIVE

The directive grants private security personnel the authority to record and temporarily withhold identification documents of individuals within accommodation, lodging, and hospitality establishments. This move is aimed at enhancing security measures and mitigating the rising incidents of criminal activities, particularly cases of murder, within these premises.

LEGAL CONTEXT

• Data Protection Rights

This directive raises important considerations regarding data protection rights. Individuals have the right to privacy, and any collection, processing, or storage of personal information must adhere to applicable data protection laws. It is essential for accommodation, lodging, and hospitality establishments to ensure that the recording and temporary withholding of identification documents comply with the provisions of the Data Protection Act. The authority granted must be exercised within the bounds of necessity, proportionality, and transparency.

• Private Security Act

The Private Security Act governs the operations of private security firms and personnel in Kenya. The directive aligns with the Act’s objective of ensuring public safety and preventing criminal activities. However, it is crucial for private security personnel to operate within the legal framework provided by the Private Security Act. Compliance with licensing requirements, ethical standards, and procedural fairness is paramount.

• Balancing Public Interest/Safety and Data Protection Rights

While the directive is driven by the imperative to enhance public safety and curb criminal activities, a delicate balance must be struck with individuals’ data protection rights. Accommodation, lodging, and hospitality establishments should implement measures to safeguard guests’ privacy while still addressing security concerns. This may include strict access controls, secure data storage, and regular training for security personnel on privacy compliance.

CONCLUSION

The directive from the Kenyan Private Security Regulatory Authority underscores the need for a comprehensive approach to security in accommodation, lodging, and hospitality establishments. Establishments must navigate the fine line between ensuring public safety and respecting individuals’ data protection rights. Legal practitioners should closely monitor the implementation of this directive, advising clients on compliance with both the Private Security Act and data protection laws to avoid legal pitfalls.