Other

How and in what form should the appointment of the Security Director be notified to the National Security Authority?

The form of written notification of the establishment of the position of security director is not provided for by law. It is essential for the National Security Authority that the written notification of the appointment of the Security Director fulfils the requirements under Section 72(2) of Act No 412/2005 and is notified to the National Security Authority by a person authorised to act on behalf of a State authority, a legal person or a natural person engaged in business activity within 15 days of the date on which the position of Security Director was filled.

A written notification of the establishment of the position of Security Director may be delivered by delivery to the data box of the National Security Office (ID h93aayw) pursuant to Act No 300/2008 on electronic acts and authorised conversion of documents, as amended, or through the holder of a postal licence or a special postal licence, who is obliged under the postal contract pursuant to Act No 29/2000 on postal services and amending certain acts (the Postal Services Act), as amended, to deliver the document in a manner consistent with the requirements of this Act, or may be delivered in person to the registry office of the National Security Office, which is located at Na Popelce 2/16 Prague 5.

Information on delivery by electronic communication can be found here.

Is it necessary to report the resignation of an employee who, together with the function, was included in the list of names and functions of employees who have access to classified information?

Pursuant to Section 66(1)(d) of the Act, an employee who has resigned from a position in which he or she has been granted access to classified information is obliged to notify the NSA without delay of a change in the data contained in his or her application by a natural person. His employer is not obliged to report that this person has been removed from the list of persons who have access to classified information.

Can the Secretary of the Municipality, as the responsible person, issue a notice for access to classified information at the level reserved also to the mayor and deputy mayor, or must this verification be carried out by the NSA?

Yes, I did. In the case of towns and villages, the responsible person is the secretary of their office or, failing that, the mayor. Within a city or municipality, the Secretary of the Office is responsible to all authorities, including the mayor and deputy mayor. Therefore, as the responsible person or person designated by him/her, he/she may verify the conditions for access to restricted classified information and issue a notice to the mayor and deputy mayor.

Can a company holding a certificate use the NBÚ logo on its documents?

No, the NBÚ graphic logo is registered as a trademark under Act No. 441/2003 Coll., on Trademarks, and is registered in the Register of Trademarks maintained by the Industrial Property Office. The use of the logo would be a use of a trade mark for which the NSA does not give consent to other entities, as it is intended exclusively for use on official documents of the NSA. Only text informing that the company holds the relevant NBÚ certificate can be used, but without a graphic representation of the NBÚ logo.

Can a natural person who has fulfilled the conditions for access to restricted classified information have access to EU (RESTREINT UE) and NATO (NATO RESTRICTED) classified documents?

A person who qualifies for access to restricted classified information shall not automatically have access to RESTRIEINT UE or NATO RESTRICTED documents, but may be granted access where such access is strictly necessary for the performance of his function, work or other activity (need to know). In addition, the instruction shall state that the natural person has been familiarised with NATO and EU regulations.

According to Section 69(1)(b) of the Act, it is the duty of a state body, a legal entity and a natural person engaged in business activities to process and maintain an overview of places or functions where it is necessary to have access to classified information, including classified information of the European Union and the North Atlantic Treaty Organisation.

The law does not provide for the legal form of the establishment or occupation of the position of Security Director, as this is the responsibility of each specific entity that establishes and occupies the position of Security Director. It is up to the responsible person to decide on the form in which the position of Security Director is to be established and filled.

From the point of view of the law, it is essential that, if the person responsible does not carry out the duties of security director himself, the security director must be placed under his direct authority. The law also does not stipulate that the function of security director must be performed exclusively independently and may be performed in combination with the performance of other work, but may not be performed simultaneously by several state authorities or entrepreneurs.

If classified information of the level Reserved between the Czech Republic and EU Member States is released, is it released via the central register or is it released directly (via the department register) to the EU institution?

The Act does not require the provision of classified information classified as Reserved in International Relations through its own registry or central registry or the registry of the Ministry of Foreign Affairs, as it provides classified information classified as Top Secret, Secret or Confidential.

If the statutory body has appointed a security director, is it necessary for the statutory body to re-certify a natural person who is about to expire?

The basic general criterion for access to classified information is the need for access to classified information of the appropriate classification level resulting from the performance of a natural person’s duties, professional or other activities (Section 6 of the Act or Section 11 of the Act).

The statutory body may perform the duties of the person responsible and the activities laid down by law even without access to classified information, in particular if it has entrusted the Security Director in writing with the provision and performance of duties within the scope of the law pursuant to Section 71(3) of the Act.

On the basis of which provision of the law can the statutory body, which is otherwise also the responsible person, entrust this ‘function’ to someone else?

In order to ensure and fulfil the obligations within the scope of the Act, the responsible person (statutory authority) may establish the function of security director pursuant to Section 71(1) of the Act, otherwise it also performs this function itself and thus performs all the tasks required by the Act in the field of protection of classified information and security capability from the State authority, the responsible person and the security director.

The Security Director is the executive body of the responsible person in the field of the protection of classified information and the responsible person may entrust him in writing with the provision and performance of duties within the scope of the Act and in accordance with the provisions of Section 71(3) of the Act.

If a new natural person’s certificate is issued, must the person be informed again?

Yes, the validity of the previous instruction cannot be understood as continuous (Section 11(4) of the Act).

Who instructs the director of the company if he is the responsible person and the security director, has a valid certificate of a natural person, but is not informed and there is no person in the company who meets the conditions for access to classified information?

The director of a company may be instructed by a person who, for example, is an employee of the company without fulfilling the conditions for access to classified information or without holding a notice or certificate. This is the person entrusted with this task by the responsible person, i.e. the manager himself.

Is there a database of translators or interpreters who hold a natural person’s certificate for the purpose of translating or interpreting classified documents?

No, it doesn't exist. The NSA is not legally entitled to maintain such a database.

If a natural person has obtained a position where he/she will only have access to classified information at the end of the calendar year, is he/she also required to attend training in the same year?

Yes, it is the duty of the responsible person to provide training once a year to natural persons who have access to classified information (Section 67(1)(c)). The term "once a year" is interpreted within one calendar year, so if a natural person starts to have access in a particular calendar year, they must also be trained in that year.

Must NATO-dedicated classified information be transmitted via the register of classified information provided?

No, according to Section 79 of the Act, only Confidential, Secret and Top Secret classifications are recorded and stored in the registers of classified information provided in international (i.e. also NATO) relations, not Reserved.

Can Classified Information Reserved be carried by a non-notified or certified courier?

Decree No 529/2005 on administrative security and on registers of classified information, as amended, addresses this issue in Section 9(4). Paragraph 9(4) is worded as follows: ‘Before the consignment is transported by courier, the courier shall be proved to the consignor by a valid notification or certificate of the natural person or by a document’. It therefore follows that the courier must be in possession of a valid notification or certificate from a natural person or document.

Is it always necessary to classify the information listed in the annexes to Government Regulation No 522/2005 establishing a list of classified information, as amended by Government Regulation No 240/2008?

This issue is very topical, as there may be ambiguities in the classification of information. When classifying information, it is always necessary to assess whether all the characteristics of the classified information are met.

The appropriate classification level must be indicated only for such information, the disclosure of which to an unauthorised person or misuse may cause harm to the interests of the Czech Republic or may be disadvantageous to the interests of the Czech Republic (material feature of classified information).

In that regard, Section 1(2) of that Government Decree provides that, when assessing whether information falling under the heading set out in Annexes 1 to 20 to that Government Decree is classified information, it is decisive whether its possible disclosure or misuse may cause damage to the interest of the Czech Republic or may be disadvantageous to the interest of the Czech Republic within the meaning of Section 3 of Act No 412/2005 on the protection of classified information and security capacity, as amended.

Thus, when classifying information, it is necessary to take into account, in particular, the material aspect of the information under consideration and not simply the classification of the information under the items listed in Annexes 1 to 20 to that Government Decree (formal feature of classified information). In practice, this means that information can only be classified if not only the formal but also the material character of the classified information is met.