Classified Information Act
At its ninth session held on 24th and 25th October 2001 the
National Assembly adopted the
Classified Information Act,
subsequently published in Uradni list (Official Gazette) no. 87 on 8th
November and entered into force on 23rd November 2001. It is the first
act of its kind in the legal order of the Republic of Slovenia
(including the history of the former common state). Its implementation
will therefore require a number of measures, which will represent a
novelty in the functioning of individual state bodies. Furthermore,
the measures will require co-ordinated operation of the bodies, which
will be one of the main tasks of the new Government Office for the
Protection of Classified Information.
The Classified Information Act was adopted as part of the
harmonisation of relevant Slovene laws with the EU and NATO
acquis [1]. NATO in particular has precise regulations that must be
applied in legal order and in practice by all the members when
handling classified information. The EU also made a significant step
forward this year, with the establishment of common security and
defence mechanisms [2]. The Classified Information Act mostly follows
NATO and EU standards regulating the handling of classified
information.
The establishment of the Government Office for the Protection of Classified Information
In order to carry out certain tasks in the area of classified
information protection as stipulated by the Classified Information Act
and with regulations adopted on the Act's basis, the Government of the
Republic of Slovenia must set up a Government Office for the
Protection of Classified Information (hereinafter referred to as the
Office) within six months after the entry into force of the Act. The
Act entered into force at the end of November this year and the office
should therefore be set up by May 2002.
The Office's responsibilities are (Article 43 of the Classified
Information Act):
- To monitor the situation in the area of the classification and
protection of classified information and take care of the development
and implementation of physical, organisational and technical standards
of the classified information protection in state bodies, bodies of
local communities, public powers holders and organisations obtaining
or having access to classified information;
- To take care of the implementation of the assumed international
obligations and international agreements on the classified information
protection and to cooperate with the competent bodies of foreign
countries and international organisations in this field;
- To draft regulations required for the implementation of the Act;
- To give opinions about the conformity with this Act of general
acts on the classification and protection of and access to classified
information;
- To co-ordinate the operation of state bodies competent for
security clearances;
- To keep the records of the issued security clearance certificates;
- To keep the records of persons under Article 23, Paragraph 4 of
the Classified Information Act;
- To propose measures for the improvement of the classified
information protection; and
- To execute other tasks set by the regulations adopted on the basis
of the Act.
In the first stage, the main task of the office will be to draft
regulations to be issued by the Government on the basis of the
Classified Information Act. The regulations concern:
- The method and forms of the classification marking of information
and documents (Article 17, Paragraph 4 of the Classified Information
Act), the method and procedure of security clearances and the
procedure of the issue and revocation of security clearance
certificates, required for the access to classified information
(Article 23, Paragraph 7 of the Classified Information Act);
- The method and procedure of establishing whether the conditions of
the classified information protection are fulfilled in companies,
institutes and organisations (Article 35, Paragraph 4 of the
Classified Information Act);
- Physical, organisational and technical measures for and procedures
of the classified information protection (Article 39, Paragraph 5 of
the Classified Information Act); and
- The method and contents of exercising the internal control over
the implementation of the Classified Information Act and of the
regulations issued on its basis (Article 42, Paragraph 2 of the
Classified Information Act).
In addition to the above tasks, which constitute a part of the
national system of the classified information protection, the office
will also assume certain obligations arising from international
agreements, which have already been concluded or will be concluded by
the Republic of Slovenia (NATO, the EU and interstate agreements).
The Office will probably take the role of the national security agency
according to NATO and EU standards. The consequence of this will be
the disbanding of the Commission of the Government of the Republic of
Slovenia for the Protection of NATO Classified Documents.
The Classified Information Act requires all state bodies to
- Adopt regulations within one year after the entry into force of
the Classified Information Act and to adapt organisationally to the
implementation of the Act or to harmonise the existing acts and the
organisation of their operations with the provisions of this Act,
- To ensure that security clearance certificates be issued to all
their employees who have access to classified information due to their
working duties or functions; these certificates must be issued two
years after the entry into force of this Act at the latest; the
employees and functionaries who will not obtain these certificates
will have no access to classified information;
- To mark again information, which was classified before this Act,
entered into force, in accordance with the level of classification
under the Classified Information Act. Such information must be marked
two years after the entry into force of this Act at the latest, or
will no longer be regarded as classified information.
The issuing of security clearance certificates (hereinafter
referred to as certificate) will be a particularly extensive task. All
persons who in performing their work have access to classified
information must be certificate holders (Article 31 of the Classified
Information Act). Those already employed must obtain the certificate
two years after the entry into force of the Classified Information Act
at the latest (i.e. by November 2003) or they will lose their right to
access classified information. The procedure to issue security
clearance certificates to new employees should be carried out
immediately after the person is employed. The certificate is issued if
no security reservations are established in the security clearance;
the security reservations are defined in Article 27 of the Classified
Information Act. All officials and employees of the agency have access
to information classified at the RESTRICTED level.
The Classified Information Act authorises the Ministry of the
Interior and the Ministry of Defence to issue security clearance
certificates; the Director of the Slovene Intelligence and Security
Agency also has such authorisation (for employees of the Agency). The
Minister of the Interior is authorised to issue certificates for the
employees of the Ministry of the Interior and of all other bodies, for
which the certificates are not issued by the Ministry of Defence or
the Slovene Intelligence and Security Agency. The Ministry of the
Interior will therefore have to issue about 15,000 certificates during
the two-year transitional period.
Ministry of Internal Affairs
Ministry of Foreign Affairs
1 "Security within NATO" document; C-M (55) 15 (FINAL)
2 The EU Council adopted the Council's Security Regulations on 19
March 2001 and thus regulated the handling of classified information
relating to the EU common security and defense policy in a similar way
as NATO. The Regulations were published in EU Official Journal L 101
of 11 April 2001 and they have been applied since 1 December 2001 by
all EU bodies, EU contractual external agencies and bodies in the
Member States. The coordination of and control over the implementation
of the regulations is in the competence of the High Representative of
the Secretary General, Mr Solana. Even though this area was not
included in the EU/SVN negotiating positions, the issue of the
harmonization of the Slovene system of handling classified information
could come up in the concluding stage of the negotiations for full
membership, since the security regulations are obligatory for the
members. By adopting the Classified Information Act, Slovenia has
fulfilled these EU criteria. These regulations are available at:
http://europa.eu.int/eur-lex/en/lif/dat/2001/en_301D0264.html
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