Vetting Staff in the Slovak Republic
The History and Present Structure of the National Security Authority in the Slovak Republic, detailing its establishment, legislation, personnel security procedures, and selection criteria for employees.
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Presentation Transcript
Vetting Staff in the Slovak Republic National Convention on the European Union in the Republic of Macedonia Skopje, August 2019
History National Security Authority of the Slovak Republic as an independent national institution for protection of classified information was established in 2001. Its creation was triggered by foreign policy activities. The crucial factor was the effort of the Slovak Republic to integrate into the European Union and NATO. National Security Authority took over the competences as a supervisory body for protection of classified information from the Ministry of Interior of the Slovak Republic. It launched its operations on 1 November 2001 as a central government body for protection of classified information and encryption protection of information. A month later its competences were extended to also include electronic signature. Personnel Security
History Legislation was being created in accordance with NATO and EU legislation despite the fact, that the Slovak Republic was not a member of these institutions yet. However, the whole process of establishment of the institution was in accordance with their rules. The Slovak Republic became a member-state of NATO and EU on 1 May 2004. Personnel Security
Present Structure of the NSA Personnel Security
Legislation Act No. 215/2004 Coll. on Protection of Classified Information Decree of the NSA No. 134/2016 Coll. on Personnel Security Personnel Security
Selection of employees Employees are chosen according to two principles: - Most of our employees are officers according to Act No. 73/1998 Coll. on State Service of Officers of Police Force, Slovak Intelligence Service, Prison Guard and NSA - They have to meet the following requirements: Integrity, reliability, meet the requirement of respective education for a particular position, capability of state service regarding health, physical and psychical condition, mastery of state language, permanent residence in the territory of the SR, non-membership in a political party at the time of entry into state service, full legal capacity, as of day of entry into state service have terminatedthe activities which are forbidden for activeofficers (e. g. running own business) - They have to pass a special psychological examination - All of our employees (including officers) have to be granted a Top Secret Personnel Security Clearance, the levels of Personnel Security Clearance Certificates are various, depending on the position of the individual Personnel Security
Personnel Security Is a system of measures related to the selection, appointment and vetting of individuals authorised for having access to classified information of defined scope. authorised person individual designated to have access to classified information or whose authorization to have access to classified information stems from law authorised persons having special status other authorised persons unauthorised person individual not authorised to have access to classified information or not authorised to have access to classified information beyond the designed scope (applying to that particular person) Personnel Security
Levels of Clearances I. Restricted responsible is their Head (valid without time restriction) II. Confidential only records checks (valid for 10 years) III. Secret plus investigations at their permanent address (valid for 7 years) IV. Top Secret plus investigations of their security surrounding (valid for 5 years) Person is always cleared for the whole period of their previous life. Personnel Security
Elements of Security Clearance (both for civilians and officers) Request + materials from the person to be vetted (security questionnaire + CV + consent with being vetted and having access to classified information) Asking for Information If a Slovak national is staying abroad for over 6 months, the partner NSA has to be requested for available information, as well. after replies are delivered and evaluated Security Interview Polygraph (optionally if requested by the person to be vetted or if deemed necessary for the NSA) All the elements of the vetting procedure at NSA are stored in a classified file in the NSA s archive (within the responsibility of Information Analysis and Support Division). Potential negative outcomes are not reported to the applicant, but evaluated to grant a PSCC or a decision. Personnel Security
Cooperating Authorities Police Force (records checks, internal affairs) Special Departments of Police Force Slovak Intelligence Service Military Intelligence Municipal Authorities (regional, district, city, municipality) Optionally Ministry of Foreign and European Affairs of the SR, Financial Authority of the SR, General Prosecutor s Office of the SR, Slovak National Bank and commercial banks, other NSAs, etc. Personnel Security
Security Risks Co-operation with former State Security Activity against the interests of the SR Premeditated violation of legal regulations Spies, terrorists, saboteurs Member or supporters of organisation trying to remove democracy Person in debts Person addicted to drugs or alcohol Person involved in any form of sexual conduct leading to blackmail Person accepting unjustified payments, gifts or other benefits Person owning property not corresponding with declared income Person conducting dishonesty, untrustworthiness in respect of the protection of classified information Person under pressure from relatives or close friends who are open to exploitation by foreign intelligence, terrorist groups, illegal organisations Personnel Security
Clearance Procedures Fills in the documents and sends them to Person Evaluates the documents and sends them to State body If being of the same opinion as the Director of NSA, informs Carries out the clearance and issues NSA Decision (that the person does not fulfil the conditions) PSCC Sends for its revision to If Appeal to the Director of NSA in 15 days National Council of the SR in 30 days The Highest Court of the SR submits No court or other legal entity can force NSA to issue a PSCC Personnel Security
Authorised Persons Having Special Status President of the Slovak Republic Members of Parliament of the Slovak Republic members of the Government of the Slovak Republic judges of the Constitutional Court of the Slovak Republic the Chairman and Deputy Chairman of the Supreme Audit Authority of the Slovak Republic judges These persons do not require PSCC based on the national legislation, however, they can voluntarily apply for it. Despite not having a PSCC, these persons are briefed as a rule. Personnel Security
Access to EU Classified Information Valid PSCC for required level Record about need-to-know and written consent with keeping secrecy EU PSCC Briefing EU PSCC (based on national PSCC) is included in person s classified file, not in separate one. Personnel Security
Comparison with EU legislation The whole clearance procedure is compatible with Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information. Within the limits of the above mentioned EU regulation the PSCs in accordance with national legislation of the Slovak Republic are not extended, but the individuals are vetted anew through a genuine vetting procedure. Personnel Security
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