When it comes to liability in hotels, few issues rival the reputational damage and monetary losses stemming from failures in guestroom security and privacy protection. The infamous Erin Andrews v. Marriott case—resulting in a $55 million jury award to the Fox Sports reporter—remains a stark reminder of how critical these protections are.1 Such privacy violations underscore the need for robust policies and comprehensive training.
While guestroom security and privacy incidents are not widespread, they underscore the potential for serious consequences, including various forms of assault, battery, and even homicide. Fortunately, most hotels have practices to mitigate these risks; however, there is still more work to be done to further enhance guest safety and security.
Far too often, privacy and key control policies consist of vague handbook entries like “only registered guests can receive keys.” While this may be legally sound on paper, these statements fall short of guiding real-world decision-making, especially when a situation requires critical judgment or escalation.
Hotels must recognize that training should be conducted for all staff, not just front desk and security personnel. Room attendants often find themselves in uncomfortable situations when confronted by a would-be guest attempting to access a room while they’re cleaning it. Do they know how to respond, or do they simply allow the person into the room based on good faith? The expectations of what a housekeeper is supposed to do may not align with what is practiced.
Based on personal experience, there are many explanations why a would-be guest might be granted access to a room that is not theirs, such as “He was so nice,” and “She had to go to the bathroom,” to name two. This highlights the need for comprehensive training that empowers all staff members to handle such situations appropriately. It also reinforces the importance of maintaining guest security.
Often, staff members focus on the customer service skills they’ve been taught, prioritizing accommodation and politeness, but they may overlook the critical thinking needed to assess the situation and determine whether to allow someone access to a room. In the scenarios above, the housekeeper should have politely closed the door and informed the individual to use their key to enter the room. The housekeeper could also explain that, for safety and security reasons, they are not permitted to open the door for anyone without proper authorization.
If the individual did not have their key in the scenarios above, the housekeeper should have kindly directed them to the front desk to obtain a new key or called for management or security to assist, depending on the hotel’s policy. This approach both ensures the safety of guests and reinforces the importance of adhering to security protocols.
What if the guest was known to the staff? The following scenario illustrates how familiarity can be costly.
Even in situations involving known guests, such as loyalty program members, things can go awry. Consider a scenario where a security officer encounters a platinum member of the hotel chain who is locked out of his room, a room he has stayed in many times. Recognizing the guest from past interactions and conversations, the security officer allows him access to the room and leaves.
However, the guest soon realizes he has entered the wrong room, which is occupied by two young girls, both no older than 12. Startled and frightened by the sudden presence of an unfamiliar man, the children react with fear. Fortunately, the guest had no ill intentions; he simply mistook the room and was actually registered in a similar room on the floor below. He quickly apologized and left the room before informing the security officer of the mistake they both made.
Meanwhile, the children, feeling unsettled, called their father in another room down the hall. Alarmed by the situation, the father approached the security officer, demanding answers about how the man was able to enter his daughters' room.
Hotel management acted quickly, prioritizing reputation management and assuring the guests of their safety and security. Both the platinum member and the father received compensation for the “inconvenience” they experienced. However, this gesture did not stop the father from sharing his experience online. This situation illustrates the potential risks that arise when complacency and familiarity take hold. It further emphasizes the importance of strict adherence to security protocols, even when dealing with familiar guests, to ensure the safety and peace of mind of all patrons.
This is an actual situation that occurred, and similar incidents happen more frequently than they should. Fortunately, this scenario did not involve harassment, assault or theft, but mistakes like this can easily lead to devastating consequences. Such incidents can easily become local or national news stories. It is not uncommon for local media outlets to pose as guests and probe employees in order to gain access to hotel rooms without being registered. This often occurs following a serious hotel security incident that has gained national attention, further eroding trust in the industry.
Staff must be trained to understand the importance of privacy and security, recognizing that their actions can have significant implications for both the guest and the hotel, and in some cases even their own safety.
Incidents like these highlight the danger of basing actions on assumptions rather than training staff to follow consistent protocols. When hotel employees rely on their instincts or personal judgments, they may inadvertently overlook critical safety measures or fail to properly verify guest identities. This reliance on assumptions can lead to serious security breaches, compromising not only the safety of guests but also the integrity of the establishment.
Hotels must shift from passive policies to proactive procedures, with clear instructions on how to handle ambiguous scenarios. Role-based protocols should address edge cases, from third-party delivery access to guests appearing under duress. Without consistent training, employees may interpret policies differently, leading to a lack of uniformity in how situations are handled. This inconsistency can create confusion among employees and guests alike, eroding trust in the hotel's ability to provide a safe and secure environment around the clock. For instance, if one employee grants access to a guest room based on a casual conversation while another strictly adheres to verification protocols, it can result in unauthorized access and potential harm, as we saw above.
It is not uncommon for a guest’s spouse, partner, or significant other to arrive at a hotel, sometimes already knowing the room number, and be given a key to the guest’s room. This situation occurs more frequently when the two share the same last name. While this may seem logical and hospitable on the surface, it is ill-advised in practice. Due to the complex nature of personal relationships, hotel staff cannot accurately assess the status of a guest's relationship with their partner at any given time. They may be in a strained relationship, going through a divorce, or involved in infidelity. Granting access to a guest room or even providing the room number in these cases can lead to volatile situations and raise liability concerns.
A clear policy that restricts access to guest rooms only to registered guests is an effective first step in mitigating such occurrences. Being empathetic and explaining the hotel’s policy to an unregistered guest can often alleviate their frustration over not being granted access to a room or provided with a room number. When possible, asking the registered guest to come to the front desk to verify that the unregistered guest has permission to obtain a key can further enhance security. Additionally, adding the unregistered guest to the property management system can help maintain accurate records and ensure they have access in case the key is lost, or the guest is locked out later.
Empowering staff to confidently say “no” when someone attempts to guilt or pressure them into granting access or providing unauthorized guest information is crucial, even if that individual claims to be a spouse or a VIP. It is essential to cultivate a workplace culture that prioritizes security and guest safety over personal relationships or perceived status. Staff should be trained to recognize manipulative tactics and understand that their primary responsibility is to uphold the hotel's policies and protect the privacy of all guests. By equipping employees with the tools and confidence to stand firm against undue pressure, hotels can significantly reduce the risk of unauthorized access and potential security breaches.
Additionally, fostering an environment where staff feel supported in their decisions will encourage them to prioritize safety without fear of backlash or reprimand. This approach not only protects the integrity of the hotel but also reinforces the message that every guest's privacy and security are paramount, regardless of their relationship with the hotel or its staff.
Real-world training, periodic compliance audits, and even privacy drills should be standard. During the Erin Andrews trial, some hotel employees testified that they could not recall the property's privacy policies.2 It is essential to have policies and procedures in place that reflect a commitment to guest privacy and security, and to ensure a method is in place to track employee training.
More than courtesy, guests expect discretion, protection, and good judgment from hotel employees, the gatekeepers of guest privacy and security. From bell staff to housekeeping, every team member must understand not only “what” the rules are, but also “why” they exist. Great policies are meaningless if they’re not actively reviewed with the staff responsible for carrying them out. When it comes to policies and procedures, a mere "read it and sign it" mentality is insufficient for fostering a culture of accountability and vigilance.
Effective training means:
Training time in some hotels may be limited; however, training on guest room security and privacy does not have to be lengthy. By breaking down the components of a comprehensive policy, training can be just as effective in shorter sessions. For example, take a day and focus on handling a single task, such as assisting a guest who is locked out of their room. Take another day to reinforce the importance of ensuring the confidentiality of guest names and room numbers, with a separate session on check-in and key management processes. This modular approach allows for easily digestible training segments, which can enhance retention and understanding.
Ongoing education also should cover topics such as conflict resolution, effective communication, and recognizing signs of distress or potential security threats. By equipping staff with the skills and knowledge they need, hotels can create a proactive culture where employees feel confident in their ability to handle challenging situations.
Comprehensive policies regarding guest room security and privacy should include the following:
Technologies like mobile key access and facial recognition are on the rise, but they're only as effective as the human systems surrounding them. Digital keys won't prevent a privacy or security breach if front desk agents still hand physical keycards to someone without verifying their identification and making sure they’re registered to the room.
Routine access audits, encrypted guest data systems, and electronic surveillance with transparent usage policies should complement—not replace—human verification protocols.
Moreover, legal resources, such as LegalClarity, confirm that courts will look at employee actions, not just digital safeguards, when determining liability.3
Beyond financial cost, the reputational harm in the wake of a privacy or security failure can be devastating. Headlines highlighting security breaches can tarnish a hotel's brand perception, tank satisfaction scores, and damage partner relationships. In recent years, several states have introduced legislation to address technology-aided stalking and digital surveillance in hospitality.
As privacy expectations escalate and regulatory scrutiny intensifies, hotels that fail to invest in policy modernization risk both legal and reputational exposure.
This checklist offers a roadmap for aligning operations with expectations and legal standards:
The importance of prioritizing guest privacy cannot be overstated; it is integral to establishing a strong brand identity in the hospitality industry. Throughout this article, various facets of guest privacy have been explored, including the necessity of comprehensive staff training, the reinforcement of established protocols, and the cultivation of a culture centered on safety and security.
Vague policies are insufficient; they must be supported by actionable strategies that empower employees to uphold these standards consistently. By investing in robust training programs and fostering an environment where employees feel confident in their ability to protect guest privacy, hotels can not only mitigate risks but also enhance guest trust and loyalty.
Ultimately, a commitment to guest privacy is not just a legal obligation, it’s a defining characteristic of a reputable brand. As the hospitality landscape continues to evolve, those who prioritize the safety and privacy of their guests will stand out in a competitive market. Remember that every interaction is an opportunity to demonstrate this commitment, promoting peace of mind and leaving a lasting impression on your guests.
Max Herman
McGriff Risk Control Consultant
