Classified Information Act
Article 1
This Act lays down the basic principles of a common system for the
determination and safeguarding of and access to classified information
in the sphere of activity of government agencies of the Republic of
Slovenia relating to public security, defence, foreign affairs and the
intelligence and security activities of the country, and for the
declassification of such information.
This Act shall be binding on government agencies, local community
agencies, holders of public authorisations and other agencies, and
commercial companies and organisations which, in carrying out their
statutory responsibilities, obtain or have at their disposal
information referred to in the preceding paragraph (hereinafter:
agencies), as well as on individuals in such agencies.
This Act shall also be binding on suppliers, contractors and
service providers (hereinafter: organisations) to whom the classified
information referred to in the first paragraph of this Article is
imparted for the purpose of implementing procurement contracts for
agencies.
Responsibility for the protection of classified information and the
preservation of its confidentiality shall apply to all those to whom
such information has been entrusted or who have become acquainted with
the contents thereof.
Article 2
The meaning of individual terms used in this Act shall be as
follows:
- Classified information: a fact or means from the sphere of
activity of an agency relating to public security, defence, foreign
affairs or the intelligence and security activities of the state
which, for reasons defined in this Act, must be protected against
unauthorised persons and which has been defined and marked as
confidential in accordance with this Act.
- Classified information of a foreign country: information which a
foreign country or its agency, or an international organisation or its
agency have conveyed to the Republic of Slovenia on the understanding
that it will be kept secret, and information resulting from
cooperation between the Republic of Slovenia or its agencies with a
foreign country or an international organisation and its agencies
which is to be kept secret by mutual agreement.
- Document: any written, drawn, printed, copied, filmed,
photographed, magnetic, optical or other record of classified
information.
- Medium: any medium containing classified information.
- Classification: an act or procedure by which a piece of
information is assessed as secret and assigned a level and duration of
secrecy in accordance with this Act.
- Declassification: the statutory change of classified information
into accessible information in accordance with regulations governing
the business of the agency.
- Access: the acquainting of a person with classified information or
the possibility for a person to obtain classified information on the
basis of permission to access.
- Security clearance of a person: the investigation carried out by a
competent agency before the issuing of permission to access classified
information with the aim of gathering information about potential
security restrictions.
- Security restrictions: such findings from a background
investigation as cast doubt upon the dependability and loyalty of a
potential candidate for permission to access classified information.
- A threat to the vital interests of the country: a threat to the
constitutional order, independence, territorial integrity and defence
capability of the country.
Article 3
The following persons may, in connection with the discharge of
their functions, have access to classified information without
permission to access (hereinafter: permission):
- the president of the republic;
- the prime minister;
- deputies;
- state advisers;
- mayors and municipal advisers;
- ministers and heads of government services directly answerable to
the prime minister;
- ombudsmen and deputy ombudsmen;
- the governor, deputy governor and vice-governor of the central
bank;
- members of the court of auditors;
- judges;
- the general public prosecutor;
- the attorney-general.
All officials and employees of the agency shall have access to
information classified at the RESTRICTED level.
The persons referred to in the preceding paragraph shall be granted
permission after entering the service and signing a statement to the
effect that they are acquainted with this Act and other regulations
governing the protection of classified information, and that they
undertake to handle classified information in accordance with such
regulations.
Article 4
The Commission of the National Assembly of the Republic of Slovenia
for Supervision of the Work of the Security and Intelligence Services
shall, in the discharge of its function, have access to classified
information without the need for permission.
Article 5
Under the provisions of this Act, an information may be defined as
classified if it is so important that its disclosure to unauthorised
persons could or might obviously prejudice the security of the country
or its political or economic interests, and is related to:
- public security;
- defence;
- foreign affairs;
- the intelligence and security activities of government agencies of
the Republic of Slovenia;
- systems, appliances, projects and plans of importance to the
public security, defence, foreign affairs and intelligence and
security activities of government agencies of the Republic of
Slovenia;
- scientific, research, technological, economic and financial
affairs of importance to the public security, defence, foreign affairs
and intelligence and security activities of government agencies of the
Republic of Slovenia.
Article 6
Information that has been defined as classified in order to cover
up a criminal offence, the exceeding or abuse of authority, or some
other unlawful act or behaviour shall not be considered to be
classified.
Article 7
Access to classified information shall be restricted and permitted
in a manner and under conditions specified by this Act and the
regulations based thereon, and in the manner and under conditions
specified by other laws or international treaties concluded by the
Republic of Slovenia.
Article 8
Officials and employees of agencies shall be bound to safeguard
classified information no matter how such information has come to
their knowledge.
The obligation for the persons referred to in the preceding
paragraph to safeguard classified information shall not terminate with
the termination of their function or employment at the agency.
Article 9
Protection of and access to classified information of a foreign
country or international organisation shall be carried out in
accordance with this Act or the regulations based thereon, or in
accordance with international treaties concluded between a foreign
country or international organisation and the Republic of Slovenia.
Article 10
Information shall be designated as classified by an authorised
person, under conditions and in a manner specified by this Act.
Authorised persons shall include:
- the director of the agency;
- elected or appointed officials of the agency authorised to
classify and disclose information in accordance with the law or the
regulations based thereon, or in accordance with a written
authorisation from the director;
- employees of the agency to whom the director of the agency has
issued written authority to classify information.
The authorised persons referred to in points 2 and 3 of the
preceding paragraph may not transfer their authorisation to third
persons.
The TOP SECRET level may only be assigned by the president of the
republic, the president of the National Assembly, the prime minister,
ministers and directors of agencies attached to the ministries,
certain military commanders, and heads of government services directly
answerable to the prime minister or their deputies.
The minister responsible for defence shall designate the military
commanders referred to in the preceding paragraph.
The manner and procedure of classification of information in
commercial companies, institutes and organisations which, in the
discharge of their statutory duties, receive or have at their disposal
information referred to in the first paragraph of Article 1 of this
Act shall be prescribed by the minister responsible for defence, in
agreement with the minister responsible for the interior.
All officials and employees, or other persons performing a function
or working in an agency, shall be bound within the scope of their
duties or competencies to assess the security importance of
information and propose to authorised persons that such information be
designated as classified if they deem it should be classified.
Article 11
An authorised person shall determine the level of classification of
an information at the origin of that information, i.e. at the
beginning of the performance of a task of the agency that results in
classified information.
In determining the level of classification, the authorised person
shall assess the possible adverse effects of the disclosure of
information to unauthorised persons on the security of the country or
on its political or economic interests. On the basis of that
assessment the authorised person shall determine the level of
classification, after which the information shall receive the markings
prescribed by this Act.
The assessment on the basis of which information is given the level
of classification shall be in written form.
Article 12
An authorised person shall also designate as classified the
information created by uniting or linking pieces of information which,
taken separately, are not sensitive but which, joined together,
represent information or a document that must be protected for reasons
specified by this Act.
Where only a smaller part of a document contains classified
information, that part shall be detached from and annexed to the
document as a separate enclosure bearing the appropriate
classification markings.
Article 13
Classified information referred to in Article 5 of this Act shall,
in view of possible adverse effects its disclosure to unauthorised
persons might have on the security of the country or on its political
or economic interests, be given one of the following levels of
classification:
- A TOP SECRET classification shall be applied to classified
information the disclosure of which to unauthorised persons would put
in jeopardy or do irreparable damage to the vital interests of the
Republic of Slovenia.
- A SECRET classification shall be applied to classified information
the disclosure of which to unauthorised persons could seriously harm
the security or interests of the Republic of Slovenia.
- A CONFIDENTIAL classification shall be applied to classified
information the disclosure of which to unauthorised persons could harm
the security or interests of the Republic of Slovenia.
- A RESTRICTED classification shall be applied to classified
information the disclosure of which to unauthorised persons could harm
the activity or performance of tasks of the agency.
In determining the levels of classification of information,
agencies shall only apply the levels set out in the preceding
paragraph.
Article 14
In classifying information an authorised person shall give the
lowest level of classification that still ensures such a degree of
protection as is necessary to safeguard the interests and ensure the
security of the country.
A document composed of already classified pieces of information
shall be given at least such a level and duration of classification as
the piece of information with the highest level and longest duration
of classification.
Article 15
An authorised person shall declassify classified information once
the conditions which this Act provides for such a status have ceased
to exist.
The reasons for declassification of information shall be given in
writing.
Declassification of information may be requested by a person whose
request for classified information has been turned down.
The request from the preceding paragraph shall be decided on by the
director of the agency concerned.
Article 16
The level of classification may be changed by the authorised person
who determined the level.
The authorised person shall change the level of classification once
the conditions for individual levels as provided by this Act have
changed.
Article 17
All classified information and all documents containing classified
information shall be furnished with the following markings:
- level of classification;
- method of termination of classification;
- information about the authorised person;
- information about the agency, unless otherwise obvious.
The markings from the preceding paragraph shall be used in a manner
appropriate to the kind and characteristics of the medium.
An information or a document shall be treated as classified even if
it is marked only with the level of classification.
The Government of the Republic of Slovenia (hereinafter: the
government) shall prescribe in detail the methods and forms of marking
the secrecy of information and documents.
Article 18
The classification of information shall terminate:
- on a specified date;
- with the advent of a specified event;
- with the expiry of a specified time period;
- with declassification.
Where, due to the nature or content of information, the termination
as set out in the preceding paragraph cannot be applied,
classification shall terminate with the expiry of the time period laid
down in the law governing archival materials and archives.
An authorised person may change the prescribed method of
termination of classification provided well-founded reasons for the
change exist. In that case the authorised person shall immediately
notify thereof all those who have received or have access to the
classified information involved.
Article 19
If confirmation of the existence of classified information might
adversely affect the interests and security of the country, the agency
receiving a request for classified information shall not be obliged to
either confirm or deny the existence of the requested information.
Article 20
The markings of the classified information of a foreign country or
international organisation shall, as a rule, remain in the form in
which they are used in that country or international
organisation. Such information may also be marked as provided by this
Act, on condition that the levels of classification are comparable and
ensure an equal degree of protection.
The method of marking classified information of the Republic of
Slovenia in a foreign country or international organisation, and the
determination of such a degree of protection of that information as
will compare with the provisions of this Act, should be specified in
an international treaty on the exchange or provision of classified
information between a foreign country or international organisation
and the Republic of Slovenia.
Article 21
Users that have legally received classified information may propose
to the authorised person that a particular classification that they
deem unjustified or incorrect be changed.
The authorised person shall consider the proposal from the
preceding paragraph and notify the proposer of the decision taken.
Article 22
Permission to access classified information of the CONFIDENTIAL,
SECRET and TOP SECRET levels shall be issued by the Ministry of the
Interior, the Ministry of Defence and the Slovenian Intelligence and
Security Agency (hereinafter: competent bodies).
For officials and employees of the Ministry of the Interior,
Ministry of Defence and Slovenian Intelligence and Security Agency who
need access to classified information in order to discharge their
function or tasks, permission shall be issued by the minister
responsible for the interior, the minister responsible for defence or
the director of the Slovenian Intelligence and Security Agency, in
accordance with the provisions of this Act and the regulations based
thereon. Notification of the issuing of permission shall be forwarded
to the Office of the Republic of Slovenia for the Protection of
Classified Information (hereinafter: the Office).
For persons who require access to classified information in order
to discharge their function or tasks in another agency, permission
shall be issued by the minister responsible for the interior or, if
the performance of defence duties or military service is involved, the
minister responsible for defence, at the proposal of the director of
that agency. Notification of the issuing of permission shall be
forwarded to the Office.
Security clearance for the issuing of permission in cases involving
the performance of defence duties and military service shall be
regulated by means of special regulations.
Article 23
The competent body shall issue permission if security clearance
does not reveal any of the security restrictions set out in this Act.
The competent body shall, within the framework of security
clearance, assess the statements in the completed security clearance
questionnaire and collect from the person involved, from other
agencies, organisations and persons or from databases kept on the
basis of laws, personal and other information of importance for the
identification of security restrictions.
The competent body shall issue permission if security clearance
does not reveal any security restrictions, and shall refuse to issue
permission if security restrictions exist. The rejection notice need
not contain an indication of the sources used for security clearance.
The head of an agency who assigns the person who has been denied
permission to a function or task at which such a person has access to
classified information shall be bound to notify the Office thereof.
The competent body shall, in addition to the permission or
rejection notice, send to the head of the agency who requested the
issuing of permission the person's consent to security clearance and
the completed security clearance questionnaire. The competent body
shall also send the permission or a rejection notice to the person who
was subjected to security clearance.
A person who has been denied permission may file an objection
within 15 days of the day of receipt of the rejection notice. The
objection shall be filed in writing or communicated orally and entered
in the record with the agency at which the person gave consent to
security clearance.
The government shall prescribe the manner and procedure of security
clearance and the procedure for the issuing and withdrawal of
permission.
Article 24
In carrying out security clearance, the competent bodies may
cooperate with the security clearance agencies of foreign countries
and international organisations, in accordance with international
treaties concluded between foreign countries or international
organisations and the Republic of Slovenia, and in accordance with
regulations on personal data protection in the Republic of Slovenia.
Article 25
Security clearance may only be carried out with the written consent
of the person concerned.
After giving written consent to security clearance, the person
concerned shall enter the following data in the security clearance
questionnaire:
- name(s), including any previous names;
- date and place of birth;
- nationality, including previous and dual;
- place of residence;
- marital status and number of children;
- common household members (their names, including any previous
names, dates of birth and relation to the person undergoing security
clearance);
- name, date of birth and address of parents, step-parents or foster
parents;
- education and occupation of the person undergoing security
clearance;
- previous employers;
- military service;
- criminal record (unerased record of convictions for premeditated
offences prosecuted ex officio, or unerased record of final decisions
on convictions for an offence cited in this Act);
- ongoing criminal proceedings for a suspected premeditated offence
referred to in chapters XVI, XXVI, XXVII, XXXIII and XXXV of the Penal
Code of the Republic of Slovenia;
- alcohol, drug or other addiction;
- contacts with foreign intelligence and security services;
- disciplinary measures pronounced in the past two years;
- debt arising from financial commitments or guarantees undertaken;
- previous security clearances.
The aforementioned data shall represent the contents of security
clearance.
Security clearance shall apply only to persons with access to the
TOP SECRET, SECRET and CONFIDENTIAL levels of classification.
The competent body may check data from points 1 to 12 of the second
paragraph of this Article with managers of personal databases who
manage such data about the person undergoing security clearance, data
from point 13 with the doctor of the person undergoing security
clearance, data from point 14 with the Slovenian Intelligence and
Security agency and the intelligence and security service of the
Ministry of Defence, data from points 15 and 17 with the former
employers of the person undergoing security clearance, and data from
point 16 with the competent agency for tax affairs and the court.
In providing data from point 14, the Slovenian Intelligence and
Security Agency and the intelligence and security service of the
Ministry of Defence shall not be required to disclose information that
might endanger the sources used to identify or check the information
provided.
Article 26
Persons with access to the CONFIDENTIAL level of classification
shall undergo security clearance every ten years at least. Those with
access to the SECRET and TOP SECRET levels shall undergo security
clearance every five years at least.
The security clearance review procedure shall be identical with the
first security clearance procedure, unless otherwise provided by law
or an international treaty.
If the competent body establishes during a repeat security
clearance procedure that security restrictions for the issuing of
permission exist, the competent body shall withdraw permission and
notify the head of the agency in which the person is discharging a
function or working, as well as the person undergoing clearance.
If a disciplinary procedure for a violation of the rules relating
to the handling of classified information, or criminal proceedings for
a suspected premeditated offence prosecuted ex officio, or criminal
proceedings for some other offence from point 12 of the second
paragraph of the preceding Article is opened against a permission
holder, the head of the agency shall render access to classified
information for that person impossible until conclusion of the
procedure.
Article 27
Security restrictions for which the issuing of permission may be
denied shall include:
- statement of false or incomplete data in the security clearance
questionnaire;
- an unerased, non-suspended sentence of at least three months
imprisonment for premeditated offences prosecuted ex officio or for
other offences referred to in point 12 of the second paragraph of
Article 25 of this Act;
- several unerased convictions of offences referred to in point 11
of the second paragraph of Article 25 of this Act;
- findings regarding statements under points 13 to 16 of the
security clearance questionnaire that raise doubts about the
dependability of the person regarding the secure handling of
classified information;
- other security restrictions defined by laws or international
treaties.
Article 28
An agency shall keep the permission, the written consent to
security clearance and the completed questionnaire in a special part
of the personnel file that which may only be used in connection with
the implementation of the provisions of this Act or the regulations
based thereon.
Written consent to security clearance, the completed questionnaire
and the permission shall be kept at the agency at which the person
applied but did not take a function or task for which permission was
required.
Article 29
Agencies which, within the framework of their duties, handle
classified information of the CONFIDENTIAL, SECRET or TOP SECRET
levels shall keep records of permission. The records shall include
identification data for the permission holder, data about the
permission, and the dates and findings of repeated security
clearances.
Data about security clearance may only be used for the purposes for
which it was collected.
Data shall be kept for as long as the person has the right of
access to classified information. After that it shall be treated in
accordance with the provisions of the law governing archival material
and archives.
The person shall, in accordance with the law governing personal
data protection, have the right to view data relating to his security
clearance, with the exception of data that would endanger the sources
of security clearance.
Article 30
The head of the agency may, for tasks that must not be delayed,
allow the person temporary access to classified information before
security clearance is completed if he assesses, on the basis of the
security clearance questionnaire, that there are no security
restrictions thereon.
Temporary permission shall remain in force until the issuing of
permission.
Article 31
Only persons who have permission and must use such information in
order to fill their function or perform their tasks may have access to
classified information. Such persons shall only have access to the
level of classification indicated in the permission.
No person shall be permitted to obtain classified information
before it is needed, or more information than is indispensable for the
exercise of their function or the performance of their tasks.
Article 32
A person who has been granted permission shall confirm in writing
that he is acquainted with this Act and with other regulations
governing the protection of classified information, and shall bind
himself to handling classified information in accordance with such
regulations. If this is not done, permission shall be revoked.
Article 33
A person who becomes acquainted with classified information in the
course of performing his duties shall use such information for no
purposes other than the exercise of his function or the performance of
his tasks.
The head of an agency may, at the request of competent bodies,
relieve a person of the obligation to keep information secret solely
for the purposes and to the extent specified in the request of the
competent body.
The head of an agency may, at the request of competent bodies, be
relieved of the obligation to keep information secret by the agency
that appointed him.
Article 34
Classified information may be transmitted to other agencies which
must abide by this Act, or to persons in such agencies, only on the
basis of written permission from the head of the agency that
designated the information as classified, or where so provided by law.
Article 35
An authorised person may transmit classified information to
organisations referred to in the third paragraph of Article 1 of this
Act if:
- the organisation meets the physical, organisational and technical
requirements for the protection of classified information in
accordance with this Act and the regulations based thereon;
- all persons who, in the course of their duties in the
organisation, have access to classified information are given security
clearance for permission to access classified information;
- the persons referred to in the preceding point confirm in writing
that they have been acquainted with this Act and other regulations
governing the protection of classified information and bind themselves
to handling classified information in accordance with such
regulations;
- the organisation guarantees that only persons who must be able to
view such information for the purpose of executing the procurement
contract for an agency may have access to classified information.
Measures for the protection of classified information arising from
the preceding paragraph shall be included in the procurement contract
concluded between the agency and the organisation.
The request for a competent body to issue permission to a person
who shall have access to classified information in connection with the
procurement contract shall be made by the agency that awarded the
contract to the organisation.
The manner and procedure of verifying whether the conditions from
the first paragraph of this Article are being met shall be prescribed
by the government.
Article 36
Users that have received classified information from an agency may
not transmit that information to other users without the consent of
the agency, except in cases defined by regulations.
Article 37
The authorised person of an agency shall establish the record and
supervision of the distribution of classified information outside the
agency. The record shall be kept up-to-date and show clearly when and
to whom the classified information was transmitted.
Article 38
Each agency shall, in accordance with this Act and the regulations
based thereon, establish a system of security procedures and measures
that meets the requirements of the specific levels of classification
and renders the disclosure of classified information to unauthorised
persons impossible.
The procedures and measures from the preceding paragraph shall
include:
- general security measures;
- protection of persons with access to classified information;
- protection of premises;
- protection of documents and media containing classified
information;
- protection of communications over which classified information is
transmitted;
- method of marking levels of classification;
- protection of equipment for the handling of classified
information;
- method of acquainting users with the measures and procedures of
the protection of classified information;
- controlling and recording of access to classified information;
- controlling and recording of the despatch and distribution of
classified information.
Article 39
Agencies shall keep classified information in a manner that ensures
that access to such information is permitted only to those persons who
have permission to access and need such information for the exercise
of their function or tasks.
Classified information may only be sent outside the premises of the
agency provided the security measures and procedures ensuring that the
information will be received by the person with permission and right
to use it are respected.
Security procedures and measures for the sending of classified
information outside the premises of the agency shall be prescribed in
accordance with the level of classification of such information.
Agencies may not transmit or send classified information using
unprotected means of communication.
Detailed physical, organisational and technical measures and
procedures for the protection of classified information shall be
prescribed by the government.
Article 40
Officials, employees and other personnel in agencies who establish
that a loss or unauthorised disclosure of classified information has
occurred shall immediately notify the authorised person thereof.
A recipient of classified information from Articles 34 and 35 of
this Act who establishes that classified information has been lost, or
transmitted or delivered to an unauthorised person, shall immediately
notify the authorised person of the agency that sent or reported the
classified information to him.
The authorised person shall immediately take all necessary steps to
identify the circumstances that occasioned the loss of classified
information or its disclosure to an unauthorised person, remove any
harmful effects, and prevent further losses and unauthorised
disclosures of such information.
Article 41
Internal control of the implementation of this Act and of the
regulations based thereon shall be the responsibility of the heads of
agencies.
In the Ministry of the Interior, the Ministry of Foreign Affairs
and the Slovenian Intelligence and Security Agency, and if necessary
in other agencies as well, a special post within the job
classification system shall be provided for internal supervision and
other duties in connection with the determination and protection of
classified information, or else an existing organisational unit of the
ministry or agency shall be charged with the execution of such tasks.
In the Ministry of Defence, internal supervision of the
implementation of this Act and the regulations based thereon shall be
carried out by the Inspectorate of the Republic of Slovenia for
Defence.
Article 42
All agencies shall, through internal supervision, ensure the
regular monitoring and assessment of individual activities and of the
activity of the agency as a whole in respect of the implementation of
this Act and of the regulations and measures based thereon.
The government shall prescribe in detail the method and content of
internal supervision of the implementation of this Act and of the
regulations based thereon.
Article 43
For the purpose of implementing this Act and the regulations based
thereon, the government shall found an Office of the Government of the
Republic of Slovenia for the Protection of Classified Information
(hereinafter: the Office).
The Office shall do the following in particular:
- monitor the situation in the field of classification and
protection of information, and ensure the development and enforcement
of physical, organisational and technical standards of protection of
classified information in government agencies, local community
agencies, holders of public authorisations, and those commercial
companies and organisations that obtain or have at their disposal
classified information;
- attend to the implementation of assumed international obligations
and international treaties on the protection of classified
information, and cooperate in this field with the corresponding
agencies of foreign countries and international organisations;
- draw up proposals for the regulations required for the
implementation of this Act;
- give an opinion as to the compliance with this Act of general acts
on the determination and protection of and access to classified
information;
- coordinate the activity of government agencies responsible for
security clearance;
- keep records of permission issued;
- keep records of persons referred to in the fourth paragraph of
Article 23 of this Act;
- propose measures to improve the protection of classified
information;
- perform other tasks provided for by regulations passed on the
basis of this Act.
Article 44
The responsible person of an agency shall be fined between SIT
50,000 and 100,000:
- if the agency does not keep permission for access to classified
information, written consent to security clearance and security
clearance questionnaires in a special part of the personnel file
(Article 28);
- if the agency does not keep a record of permission to access
classified information (Article 29);
- if the agency acts in contravention of Article 37 of this Act;
- if the agency does not prescribe, organise and carry out the
procedures from Article 38 of this Act;
- if the agency acts contrary to the first, second and fourth
paragraphs of Article 39 of this Act;
- if the agency does not organise internal supervision of the
protection of classified information (Article 41).
Article 45
An authorised person shall be fined between SIT 50,000 and 100,000
if he:
- transfers authority for the classification of information to a
third person (third paragraph of Article 10);
- assigns the TOP SECRET level without being authorised to do so
(fourth paragraph of Article 10);
- acts in contravention of Article 12 of this Act;
- acts in contravention of Article 14 of this Act;
- changes the level of classification of a document to which he
neither assigned nor was authorised to assign the level (first
paragraph of Article 16);
- does not give a classified document the prescribed markings
(Article 17);
- does not render access to classified information temporarily
impossible for a person (fourth paragraph of Article 26);
- issues temporary permission to access classified information in
contravention of the provisions of Article 30 of this Act;
- does not request the person to whom permission to access
classified information has been issued to sign a statement certifying
that he is acquainted with the regulations governing the protection of
classified information (Article 32);
- conveys classified information to an organisation before
organising relations with that organisation in accordance with the
first paragraph of Article 35 of this Act.
Article 46
The Government of the Republic of Slovenia shall, no later than six
months after the entry into force of this Act, issue the regulations
referred to in the fourth paragraph of Article 17, the seventh
paragraph of Article 23, the fourth paragraph of Article 35, the fifth
paragraph of Article 39 and the second paragraph of Article 42 of this
Act.
The minister responsible for defence, in agreement with the
minister responsible for the interior, shall issue the regulation
referred to in the sixth paragraph of Article 10 of this Act no later
than six months after the entry into force of this Act.
The Government of the Republic of Slovenia shall found the Office
referred to in Article 43 of this Act no later than six months after
the entry into force of this Act.
Article 47
No later than one year after the entry into force of this Act,
agencies shall pass regulations and prepare organisationally for the
entry into force thereof, or shall bring existing acts and the
organisation of their activities in line with the provisions of this
Act.
Agencies shall ensure that all employees and officials who in the
course of their duties or functions must have access to classified
information are issued with permission to access such information no
later than two years after the entry into force of this Act.
Article 48
Classified information for which the level of classification was
determined before the entry into force of this Act shall have the
level of classification determined in accordance with this Act no
later than two years after the entry into force of this
Act. Otherwise, the secrecy of such information shall terminate.
During the transitional period, classified information referred to
in the preceding paragraph shall be treated as follows:
- information designated as DRZAVNA TAJNOST or DRZAVNA SKRIVNOST
(STATE SECRET) shall be treated as STROGO TAJNO (TOP SECRET);
- information designated as URADNA TAJNOST, URADNA SKRIVNOST or
VOJASKA SKRIVNOST - STROGO ZAUPNO (OFFICIAL SECRET or MILITARY SECRET
- HIGHLY CONFIDENTIAL) shall be treated as TAJNO (SECRET);
- information designated as URADNA TAJNOST, URADNA SKRIVNOST or
VOJASKA SKRIVNOST - ZAUPNO (OFFICIAL SECRET or MILITARY SECRET -
CONFIDENTIAL) shall be treated as ZAUPNO (CONFIDENTIAL);
- information designated as URADNA TAJNOST, URADNA SKRIVNOST or
VOJASKA SKRIVNOST - INTERNO (OFFICIAL SECRET or MILITARY SECRET -
INTERNAL) shall be treated as INTERNO (INTERNAL).
Article 49
This Act shall enter into force on the fifteenth day after its
publication in the Uradni list Republike Slovenije (Official Gazette
of the Republic of Slovenia).
Publicised: 8.11.2001; Official Gazette of the Republic of Slovenia, No 87/2001
Enter into force: 23.11.2001
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