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PERSONAL SECURITY. Personal security contains: issuing of permission to access national and Nato / EU classified information up to: CONFIDENTIAL SECRET TOP SECRET access to and protection of national and Nato / EU classified information classified information = CI.
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Personal security contains: • issuing of permission to access national and Nato / EU classified information up to: • CONFIDENTIAL • SECRET • TOP SECRET • access to and protection of national and Nato / EU classified information classified information = CI
ISSUING OF PERMISSION TO ACCESS NATIONAL CLASSIFIED INFORMATION
COMPETENT AUTHORITIES IN THE VETTING PROCEDURE OF A PERSON • Ministry of Defence (MoD) for MoD employees • Slovene Intelligence and Security Agency (SISA) for SISA employees • Ministry of Interior (MI): • for MI employees • for all other bodies and agencies (exept MoD and SISA) for defence duties or military service is the competent authority MoD
THE COMPETENT AUTHORITY SHALL: • issue permission to access CI • decide on request for permission no later than 3 months after the day a completed application is received: • this time period may be extended if the competent authority has not yet received the vetting procedure data from bodies of foreign countries Notification of permission shall be forwarded to the Government Office for the Protection of Classified Information (Slovenian NSA).
LEVELS OF VETTING PROCEDURE: • basic vetting procedure – CONFIDENTIAL • extended vetting procedure – SECRET • extended vetting procedure with security inquiry – TOP SECRET
PROPOSERS OF THE VETTING PROCEDURE • the director of an agency for persons who will need the permission for the performance of tasks at that agency and for persons employed in organisations which will work for that agency • the minister responsible for the economy for persons employed in organisations that will need permission to access classified information in order to implement public or other procurement contracts within the framework of which they wil need access to Nato / EU CI • director of the NSA for other cases
VETTING PROCEDURE FOR THE ISSUANCE OF PERMISSION TO ACCESS CI SHALL BE INITIATED: • on the basis of a written proposal from the proposer for a person who needs to undergo the vetting procedure • the written proposal must contain following data: • name of the person to be vetted • date of birth of the person to be vetted • level of classification for which the proposal to issue permission has been given
THE PROPOSER SHALL ANNEX TO THE PROPOSAL: • the written consent of the person undergoing the vetting procedure • proof of training passed in the field of handling CI • a written statement certifying that the person is acquainted with Classified Information Act and regulations based thereon • a sealed envelope with the security questionnaire filled in by the person undergoing the vetting procedure
SECURITY QUESTIONNAIRES • basic questionnaire – confidential, secret, top secret levels • special questionnaire - secret, top secret levels • additional questionnaire - top secret level Legal basis: 1. Classified Information Act (CIA) 2. Decree on vetting and issue of security clearance certificates
THE BASIC QUESTIONNAIRE CONTAINS THE FOLLOWING DATA • name, including any previous names • personal identification number • date and place of birth • nationality or nationalities, including any previous nationalities • place of residence (permanent, temporary and actual) • stays abroad, if lasting 3 months or longer (place, period and reason for the stay abroad) • marital status and number of children • occupation and job performed • military service
study and participation in seminars or other forms of training and education abroad, if lasting 3 months or longer (place and period) • employers (present and past) and their addresses • unerased final convictions for criminal offences prosecuted ex officio, and data on offences dealt with by violation authorities or courts • ongoing criminal proceedings • alcohol, drug or other addiction • disease or mental disturbance that might threaten safe treatment of classified information
contacts with foreign intelligence and security services • membership or participation in organisations or groups which threaten the vital interests of the Republic of Slovenia (RS) or member states of political, defence or security alliances of which the RS is a member • disciplinary measures pronounced • previous vetting procedures according to the present CIA
THE SPECIAL QUESTIONNAIRE CONTAINS • participation in foreign armed forces or other armed formations • financial obligations and guarantees undertaken, with a description of the type (loans, mortgages, maintenance), the scope of financial obligations, reasons for the debt, creditors and a statement of total income earned in the last year, including data on real estate ownership and dataon average personal income in the last 3 months prior to filling in the questionnaire • tax number • particulars and circumstances in the life of the person undergoing the vetting procedure, which may be associated with exposure to blackmailing or other forms of pressure
ADDITIONAL QUESTIONNAIRE(2 parts) • the first part contains: • names and the addresses (permanent, temporary or actual) of 3 persons who can confirm the statements in the questionnaires • the second part contains: • information (name, date and place of birth, address of permanent, temporary and actual residence) on the spouse or cohabiting unmarried partner or any other adult person cohabiting with the person undergoing the vetting procedure
AFTER HAVING CARRIED OUT THE VETTING PROCEDURE the competent authority shall issue permission to access CI: • at the CONFIDENTIAL level with a validity of 10 years • at the SECRET and TOP SECRET levels with a validity of 5 years
when security restrictions for the issuing of permission to access CI have been established (by the competent authority), then the issuing of permission to access CI may be denied SECURITY RESTRICTIONS: such findings from a background investigation (vetting procedure) that cast doubt on the dependability and loyalty of a potential candidate for permission to access CI
SECURITY RESTRICTIONS for which the issuance of permission to access CI may be denied shall include: • false statements of the person undergoing the vetting procedure in the security questionnaire • alcohol, drug or other addiction • a final disciplinary measure for a serious infringement relating to the treatment and protection of CI • an unerased final conviction of unconditional imprisonment of at least 3 months for offences prosecuted ex officio • membership or participation in organisations which threaten the vital interests of the RS or the member states of political, defence or security alliances, of which the RS is also a member ETC.
INTERMEDIATE VETTING PROCEDURE • If a security restriction is anticipated with regard to a person having permission to access CI, an intermediate vetting procedure shall be carried out. If it confirms the necessity of a security restriction, permission shall be revoked. • The intermediate vetting procedure shall also apply to a person: • prior to the performance of tasks pertaining to the position requiring access to CI, if more than 12months have elapsed from the issuance of permission for taking up the performance of tasks pertaining to that position • prior to further performance of tasks pertaining to the position requiring access to classified information, if the person has not performed the tasks pertaining to the position at the agency for more than 12 months during the period of validity of the permission CONFIRMATION OF THE VALIDITY OF PERMISSION
ROLE OF THE NSA IN THE VETTING PROCEDURE • to coordinate activities of government bodies responsible for the vetting procedure • to keep the following records: • record of issued permissions to access national CI • record of issued permissions to access Nato / EU CI • to propose the vetting procedure • to issue/revoke permissions to access Nato / EU CI
THE NSA SHALL ISSUE PERMISSION TO NATURAL PERSONS FOR ACCESS TO NATO / EU CI • on the basis of a written proposal from the proposer • if the person is in possession of valid permission to access national CI • if the person exercises functions or tasks in a position for which permission to access Nato / EU CI has been required • permission shall be issued for a period of validity during which the person needs access to Nato / EU CI – it shall not exceed the period of validity of permission to access national CI
PROPOSAL TO ISSUE PERMISSION TO ACCESS NATO / EU CI the written proposal shall contain: • name, date and place of birth of the person for whom the issuance of permission to access Nato / EU CI is proposed • foreign country or international organisation in which the person is to have access to the CI (Nato or EU) • level of classification • specified working post the proposer shall annex to the proposal: • a statement of having knowledge of regulations CI • a request for access to Nato / EU CI
ACCESS TO AND PROTECTION OF NATIONAL AND NATO / EU CLASSIFIED INFORMATION
ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE RESTRICTED LEVEL • permission is not necessary • every person who fulfils his / her function or works at the agency • a signed statement that the person is acquainted with the CIA and other regulations governing the protection of CI • need-to-know basis
ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE CONFIDENTIAL LEVEL AND ABOVE • specified working post • need-to-know basis • valid permission to access CI
EXCEPTIONS the following persons may, in connection with the discharge of their functions, have access to CI without permission: • President of the Republic • Prime Minister • members of Parliament • Judges • State adviser • mayor and municipal adviser • ombudsman and deputy ombudsman • governor, deputy governor and vice governor of the Central Bank • member of the Court of auditors • Public Prosecutor • State Attorney General • commissioner for access to public information • ministers and heads of Government services directly answerable to the Prime Minister • Commission of the National Assembly of the RS for Supervision of the Work of the Security and Intelligence Services
ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE RESTRICTED LEVEL • permission is not necessary • specified working post • a signed statement that the person is acquainted with the CIA and other regulations governing the protection of national classified information • a signed statement that the person knows the conditions and consequences under Nato / EU security policy • need-to-know basis
ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE CONFIDENTIAL LEVEL AND ABOVE • specified working post • a signed statement that the person knows the conditions and consequences under Nato / EU security policy • Request to access Nato / EU CI • need-to-know basis • valid permission to access national CI on the basis of the above conditions the NSA issues a permission to access Nato / EU CI
REVOKE PERMISSION TO ACCESS NATO / EU CI • if person holding a permission for access to Nato / EU CI has ceased to discharge functions or tasks requiring access to Nato / EU CI or his/her employment in the agency or organisation has been terminated, the head of the agency or organisation must notify this to the NSA – this notification shall be considered a proposal to revoke a permission by the proposer the notification must contain: • name • date and place of birth • name of the international organisation or foreign country for the CI of which the permission was issued (Nato or EU) • level of classification • permission number • reasons for revoking the permission
EXCEPTIONS exceptions for access to Nato CI: (they have access to Nato CI without permission) : • President of the Republic • Prime Minister • ministers • members of Parliament • Judges asis determined by national rules and regulations! exceptions for access to EU CI: WITHOUT EXCEPTIONS