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National Convention on the European Union in the Republic of Macedonia Skopje, August 2019

Vetting Staff in the Slovak Republic. National Convention on the European Union in the Republic of Macedonia Skopje, August 2019. History.

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National Convention on the European Union in the Republic of Macedonia Skopje, August 2019

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  1. Vetting Staff in the Slovak Republic National Convention on the European Union in the Republic of Macedonia Skopje, August 2019

  2. 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. PersonnelSecurity

  3. 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. PersonnelSecurity

  4. PresentStructure of the NSA PersonnelSecurity

  5. Legislation • Act No. 215/2004 Coll. on Protection of Classified Information • Decree of the NSA No. 134/2016 Coll. on Personnel Security PersonnelSecurity

  6. 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 terminated the activities which are forbidden for active officers (e. g. runningown 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 PersonnelSecurity

  7. PersonnelSecurity • 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) PersonnelSecurity

  8. 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. PersonnelSecurity

  9. Elements of SecurityClearance (bothforcivilians 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. PersonnelSecurity

  10. CooperatingAuthorities • 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. PersonnelSecurity

  11. SecurityRisks • 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 PersonnelSecurity

  12. Fills in thedocuments and sendsthem to Evaluatesthedocuments and sendsthem to Ifbeing of thesame opinion as theDirector of NSA, informs Carriesouttheclearance and issues Sendsforitsrevision to in 15 days in 30 days submits ClearanceProcedures Person State body NSA PSCC Decision(thatthe person doesnotfulfiltheconditions) If Appeal to theDirectorof NSA National Council of the SR TheHighestCourt of the SR No court or otherlegal entity canforce NSA to issue a PSCC PersonnelSecurity

  13. AuthorisedPersonsHavingSpecial Status • President of the Slovak Republic • Members of Parliament of the Slovak Republic • members of theGovernment of the Slovak Republic • judges of theConstitutionalCourt of the Slovak Republic • theChairman and DeputyChairman of theSupreme Audit Authority of the Slovak Republic • judges • Thesepersons do notrequire PSCC based on thenationallegislation, however, theycanvoluntarilyapplyforit. Despitenothaving a PSCC, thesepersons are briefed as a rule. PersonnelSecurity

  14. Access to EU ClassifiedInformation • Valid PSCC forrequired level • Recordaboutneed-to-know and writtenconsentwithkeepingsecrecy • EU PSCC • Briefing • EU PSCC (based on national PSCC) isincluded in person‘sclassifiedfile, not in separateone. PersonnelSecurity

  15. Comparisonwith EU legislation ThewholeclearanceprocedureiscompatiblewithCouncilDecision 2013/488/EU of 23 September 2013 on thesecurityrulesforprotecting EU classifiedinformation. Withinthelimits of theabovementioned EU regulationthePSCs in accordancewithnationallegislation of the Slovak Republic are notextended, buttheindividuals are vettedanewthrough a genuinevettingprocedure. PersonnelSecurity

  16. THANK YOU FOR YOUR ATTENTION

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