RegTech Impact on the Private Security Industry

2019 ◽  
Author(s):  
By Benjamin Weld
2016 ◽  
Vol 17 (3) ◽  
pp. 753-766 ◽  
Author(s):  
Elzbieta Karska

Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown. Keywords: Human rights. Private security companies. Liability.


Author(s):  
Peter Stiernstedt

Abstract This article highlights the commodification of private security criminal investigations in Sweden. Today, the reach of the private security industry extends to almost all responsibilities traditionally reserved for the police. Regulation is constantly trying to catch up with the ever-changing scope and nature of private security. When looking at private security industry regulation in the European Union, Sweden enjoys one of the most comprehensive frameworks. There are however gaps and private security criminal investigation is one which, if left unchecked, could possibly lead to a dangerous commodification of justice and decreasing trust in the police. In this article, these issues are explored through interviews with a number of stakeholders. The interviews reveal that the potential danger lies in circumstances whereby police are, for various reasons, forced to turn down investigations. Citizens and organizations alike then have the opportunity to proceed with the investigation through a private security service provider. Presented with a complete substratum for prosecution, the police are incentivized to proceed. Thus, police discretion as to whether or not to proceed with an investigation is effectively for sale. The article consequently calls for a revision of Swedish private security regulation.


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