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PERSONAL SECURITY. Personal security contains: issuing of permission to access national and Nato / EU classified information up to:issuing of permission.

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Presentation on theme: "PERSONAL SECURITY. Personal security contains: issuing of permission to access national and Nato / EU classified information up to:issuing of permission."— Presentation transcript:

1 PERSONAL SECURITY

2 Personal security contains: issuing of permission to access national and Nato / EU classified information up to: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 informationaccess to and protection of national and Nato / EU classified information classified information = CI

3 ISSUING OF PERMISSION TO ACCESS NATIONAL CLASSIFIED INFORMATION

4 COMPETENT AUTHORITIES IN THE VETTING PROCEDURE OF A PERSON Ministry of Defence (MoD) for MoD employeesMinistry of Defence (MoD) for MoD employees Slovene Intelligence and Security Agency (SISA) for SISA employeesSlovene Intelligence and Security Agency (SISA) for SISA employees Ministry of Interior (MI):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 for defence duties or military service is the competent authority MoD

5 THE COMPETENT AUTHORITY SHALL: issue permission to access CIissue permission to access CI decide on request for permission no later than 3 months after the day a completed application is received: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). Notification of permission shall be forwarded to the Government Office for the Protection of Classified Information (Slovenian NSA).

6 VETTING PROCEDURE FOR PERSONS

7 LEVELS OF VETTING PROCEDURE: basic vetting procedure – CONFIDENTIALbasic vetting procedure – CONFIDENTIAL extended vetting procedure – SECRETextended vetting procedure – SECRET extended vetting procedure with security inquiry – TOP SECRETextended vetting procedure with security inquiry – TOP SECRET

8 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 agencythe 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 CIthe 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 casesdirector of the NSA for other cases

9 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 procedureon 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: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

10 THE PROPOSER SHALL ANNEX TO THE PROPOSAL: the written consent of the person undergoing the vetting procedurethe written consent of the person undergoing the vetting procedure proof of training passed in the field of handling CIproof 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 thereona 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 procedurea sealed envelope with the security questionnaire filled in by the person undergoing the vetting procedure

11 SECURITY QUESTIONNAIRES basic questionnaire – confidential, secret, top secret levelsbasic questionnaire – confidential, secret, top secret levels special questionnaire - secret, top secret levelsspecial questionnaire - secret, top secret levels additional questionnaire - top secret leveladditional questionnaire - top secret level Legal basis: 1. Classified Information Act (CIA) 1. Classified Information Act (CIA) 2. Decree on vetting and issue of security clearance 2. Decree on vetting and issue of security clearance certificates certificates

12 THE BASIC QUESTIONNAIRE CONTAINS THE FOLLOWING DATA name, including any previous namesname, including any previous names personal identification numberpersonal identification number date and place of birthdate and place of birth nationality or nationalities, including any previous nationalitiesnationality or nationalities, including any previous nationalities place of residence (permanent, temporary and actual)place of residence (permanent, temporary and actual) stays abroad, if lasting 3 months or longer (place, period and reason for the stay abroad)stays abroad, if lasting 3 months or longer (place, period and reason for the stay abroad) marital status and number of childrenmarital status and number of children occupation and job performedoccupation and job performed military servicemilitary service

13 study and participation in seminars or other forms of training and education abroad, if lasting 3 months or longer (place and period)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 addressesemployers (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 courtsunerased final convictions for criminal offences prosecuted ex officio, and data on offences dealt with by violation authorities or courts ongoing criminal proceedingsongoing criminal proceedings alcohol, drug or other addictionalcohol, drug or other addiction disease or mental disturbance that might threaten safe treatment of classified informationdisease or mental disturbance that might threaten safe treatment of classified information

14 contacts with foreign intelligence and security servicescontacts 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 membermembership 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 pronounceddisciplinary measures pronounced previous vetting procedures according to the present CIAprevious vetting procedures according to the present CIA

15 THE SPECIAL QUESTIONNAIRE CONTAINS THE SPECIAL QUESTIONNAIRE CONTAINS participation in foreign armed forces or other armed formationsparticipation 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 questionnairefinancial 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 numbertax 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 pressureparticulars 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

16 ADDITIONAL QUESTIONNAIRE (2 parts) the first part contains: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: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

17 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

18 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 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 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

19 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 questionnairefalse statements of the person undergoing the vetting procedure in the security questionnaire alcohol, drug or other addictionalcohol, drug or other addiction a final disciplinary measure for a serious infringement relating to the treatment and protection of CIa 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 officioan 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.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.

20 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.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: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 12 months 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

21 ROLE OF THE NSA IN THE VETTING PROCEDURE to coordinate activities of government bodies responsible for the vetting procedureto coordinate activities of government bodies responsible for the vetting procedure to keep the following records: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 procedureto propose the vetting procedure to issue/revoke permissions to access Nato / EU CIto issue/revoke permissions to access Nato / EU CI

22 PERMISSION TO ACCESS NATO / EU CLASSIFIED INFORMATION

23 THE NSA SHALL ISSUE PERMISSION TO NATURAL PERSONS FOR ACCESS TO NATO / EU CI on the basis of a written proposal from the proposeron the basis of a written proposal from the proposer if the person is in possession of valid permission to access national CIif 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 requiredif 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 CIpermission 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

24 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

25 ACCESS TO AND PROTECTION OF NATIONAL AND NATO / EU CLASSIFIED INFORMATION

26 ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE RESTRICTED LEVEL permission is not necessarypermission is not necessary every person who fulfils his / her function or works at the agencyevery 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 CIa signed statement that the person is acquainted with the CIA and other regulations governing the protection of CI need-to-know basisneed-to-know basis

27 ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE CONFIDENTIAL LEVEL AND ABOVE specified working postspecified working post need-to-know basisneed-to-know basis valid permission to access CIvalid permission to access CI

28 EXCEPTIONS the following persons may, in connection with the discharge of their functions, have access to CI without permission: 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

29 ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE RESTRICTED LEVEL permission is not necessarypermission is not necessary specified working postspecified working post a signed statement that the person is acquainted with the CIA and other regulations governing the protection of national classified informationa 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 policya signed statement that the person knows the conditions and consequences under Nato / EU security policy need-to-know basisneed-to-know basis

30 ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE CONFIDENTIAL LEVEL AND ABOVE specified working postspecified working post a signed statement that the person knows the conditions and consequences under Nato / EU security policya signed statement that the person knows the conditions and consequences under Nato / EU security policy Request to access Nato / EU CIRequest to access Nato / EU CI need-to-know basisneed-to-know basis valid permission to access national CIvalid permission to access national CI on the basis of the above conditions the NSA issues a permission to access Nato / EU CI on the basis of the above conditions the NSA issues a permission to access Nato / EU CI

31 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 proposerif 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

32 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 as is determined by national rules and regulations! exceptions for access to EU CI: WITHOUT EXCEPTIONS


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