- Do I have to report to you when I took out a loan from the municipality?
- Do I have to report to you when I took out a loan from an employer?
- In the questionnaire under point 7.12 Financial obligations, you have indicated that I should also indicate the obligations arising from a contract concluded with a legal person that is not a consumer credit provider under the Consumer Credit Act. What can I imagine underneath that?
- I'll apply for a Certificate of Confidentiality. Do I need to provide a birth certificate?
- Can the instruction pursuant to Section 9 of Act No 412/2005 be signed electronically by persons who have access to classified information of the level Reserved pursuant to Section 58a of the Act, instead of a physical signature?
- How long can the Entrepreneur retain the documents for notification to the Reserved?
- Information on health and other professional care and its impact on the issuance or possession of an authentic instrument
- How does an individual demonstrate his/her authorisation to access classified information classified at the level reserved pursuant to Section 58a of Act No 412/2005?
- What are the most common deficiencies when applying for a certificate?
- I want to apply for a Secret Certificate. How am I supposed to do that?
- Does Section 58a(1)(b) of Act No 412/2005 on the protection of classified information and security capacity, as amended, apply only to civil servants in a civil service relationship or also to state employees in an employment relationship?
- I want to apply for a Secret Certificate. What do I need to prove?
- Is there a difference between the first and the second application for a certificate?
- How and what changes should I report to the NBÚ?
- I changed my last name, what should I do?
- I'm a businessman and I'm a payer on a flat-rate basis. How do I prove NBÚ's income?
- When does the "NATO Certificate" expire?
- When does the certificate expire?
- What is the validity of the reserved notification and when does it expire?
- What are the rules for learning?
- What rules apply to special access to classified information under Section 58 of the Act?
- What rules apply to access to classified information under Sections 58a, 58b, 58c of the Act?
- What rules apply to the recognition of a security authorisation issued by an authority of a foreign power?
- What rules apply to consent to one-time access to classified information?
- What rules apply to consent to access to classified information under Section 59a of the Act?
- What rules apply to access to classified information under Section 60 of the Act?
- I have a recognised electronic signature with my employer. Can I use this signature to electronically sign an application for a natural person’s certificate?
- In this work we have the possibility to perform authorized conversion of documents according to Act No. 300/2008 Coll. Can I use this conversion to send an electronic request for a natural person’s certificate?
- Can I send an application to the NSA for the issuance of a certificate of a natural person via the employer's data box?
- I have Bitcoin, Ethereum and NFT work. Should I put it on a questionnaire?
- What are virtual assets, a non-fungible token – a so-called NFT work?
- Execution has been ordered on my property in the past, but the matter is already settled. I am to include such enforcement in the certification questionnaire.
- Previously, you had a YES, NO option in the questionnaire for narcotics, gambling and treatment from addictions to them. There is now a detailed statement. Should I write yes or no here?
- I'll apply for a certificate. The questionnaire mentions games of chance – technical game, live game. What does that mean?
- In 2021, I started treating myself because I am addicted to slot machines. Do I have to report this to the NSA?
- I started seeing a psychiatrist in 2021. Do I have to report this to the NSA?
- I will provide accommodation for refugees from Ukraine, I will also send funds to help Ukraine. Do I have to report it?
- A natural person shall cease to be a person included in the list of functions for which access to classified information is required, nor shall an employment, membership or similar relationship cease to exist or a natural person’s certificate cease to be valid. Is the person responsible to that person still the person responsible?
- I changed my permanent address, should I report it?
- I am a member of the fire brigade, the Czech fishing association and the Good Angel Foundation, should I report it?
- I sold my car for 200000 CZK and bought a new one for 400000 CZK, should I report it?
- Should I report that I bought an apartment in Spain?
- I sold the family home, should I report it?
- An enforcement order has been issued against me, shall I report it?
- I took out a mortgage for CZK 2500000 at Komerční banka, a.s., should I report it?
- A friend lent me $500,000, should I report it?
- I took a loan from an employee of the Department of Defense, should I report it?
- I borrowed 120000 CZK through zonky.cz. Do I have to report it?
- I lent my girlfriend 300000 CZK, should I report it?
- I came back from the mission and I used the mission money to pay off the mortgage, should I report it?
- An extract from the Criminal Register is sent to a natural person by an authorised entity to their data box. Subsequently, the natural person shall forward the document to the data box of the competent authority of the State or of the legal person whose responsible person will verify the fulfilment of the conditions for access to classified information classified at the level Reserved (namely integrity). Can the person responsible verify the condition of good repute on the basis of the extract from the Criminal Register thus sent? Is it necessary to print this document or to carry out an authorized conversion?
- The questionnaire states that I have to complete continuous stays abroad of more than 90 days. For what period do I have to fill in these stays retrospectively?
- I lent my friend money and my friend guarantees me this loan with his real estate. Do I indicate the resulting lien on his property when applying for the issue of a certificate of a natural person in the questionnaire?
- My father-in-law allowed me to build a cottage in his garden. Do I state this when I apply for a natural person’s certificate in the questionnaire?
- I live in an apartment that is not in my personal ownership/co-ownership, but is the property of a cooperative, I own a cooperative share. Do I include this apartment in the questionnaire when applying for the issue of a natural person’s certificate?
- I am completing a questionnaire for the issue of a certificate of a natural person, which specific contacts should I include in point 10:
‘Personal contacts with foreign nationals or citizens of the Czech Republic living in non-member countries of the European Union or the North Atlantic Treaty Organisation, with the exception of contacts arising from employment or service obligations after 1990, where there are reasonable grounds to believe that such contacts are significant’?
- The natural person holds a valid national certificate of the natural person and the responsible person knows that the natural person will also have to hold a "NATO certificate". Can the responsible person instruct the natural person and in the instruction tick that the natural person has been acquainted with NATO regulations without the natural person already being a holder of a valid "NATO certificate" and thus comply with the obligation laid down both for access to national classified information and for access to NATO classified information within a single instruction? The instruction would indicate only the certificate number of the natural person.
- The natural person shall hold a valid national certificate of the natural person and shall be informed. Subsequently, a "NATO certificate" is issued to a natural person. Does the individual need to be re-educated?
- What are the most common deficiencies in the reporting of changes to a natural person’s certificate?
- When do changes have to be reported?
- What is SJM?
- The individual questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. In the case of the expression ‘Yes’, does the natural person also have to indicate in the following points income, financial liabilities, financial claims, immovable property relating exclusively to the spouse, registered partner?
- I have a permanent residence with my parents, but I live in the place where I work for over a week. I've got to point 15. (....persons over the age of 18 living with you in the same household) write also brother and parents?
- I have documents in English, do I have to have them translated?
- I received a letter of discontinuation of proceedings because I did not complete the necessary documents in time, what should I do so that the proceedings are not discontinued?
- How do I withdraw an application for a natural person’s certificate?
- I need a look at the security file. What do I have to do?
YES, provided it exceeds CZK 100,000 or five times your average monthly ‘net income’, whichever is higher. This obligation has been established since 1.1.2026.
This also applies if you took out this loan before 1.1.2026 and it has not been repaid yet.
YES, provided it exceeds CZK 100,000 or five times your average monthly ‘net income’, whichever is higher. This obligation has been established since 1.1.2026.
This also applies if you took out this loan before 1.1.2026 and it has not been repaid yet.
This is, for example, a loan from your employer, the municipality. The provision of this information is newly required from 1.1.2026.
No, as of 1.1.2026, the birth certificate for the application for the issue of a certificate is no longer documented.
Instruction pursuant to Section 9 of Act No. 412/2005 Coll. may be signed by a recognised electronic signature of the instructing and instructing person, while an advanced electronic signature established with the employer shall suffice. However, in this context, we would point out that if the instruction given in electronic form is only printed, it is only a simple copy. In order for such information to be used in paper form to prove that the natural person has been informed in accordance with Section 9 of the Act, it is necessary to carry out an authorised conversion of a document in accordance with Act No 300/2008 on electronic acts and authorised conversion of documents, as amended (‘Act No 300/2008’), as a copy, that is to say, the original, is required by law.
According to Section 22(1)(b) of Act No 300/2008, conversion means the complete conversion of a document contained in a data report into a document in paper form in a manner ensuring the conformity of the content of those documents and the addition of a clause. Pursuant to Section 22(2) of Act No 300/2008, a document resulting from the conversion has the same legal effects as a document resulting from the conversion. For the purpose of issuing instructions to persons who have access to classified information of the reserved level pursuant to Section 58a of the Act, conversion may be accepted ex officio pursuant to Section 23(2) of Act No 300/2008, but of course conversion on request pursuant to Section 23(1) of Act No 300/2008, which may be done only by entities defined by law, will also be accepted.
How long can the Entrepreneur retain the documents for notification to the Reserved?
Act No. 412/2005 Coll. deals with the issue of the longest possible retention period of documents, notices, instructions, which lead the entrepreneur to notify the Reserved (this area is not regulated for entrepreneurs by Act No. 499/2004 Coll., on Archives and Records Service and on Amendments to Certain Acts, as amended). From a practical point of view, it is advisable for the entrepreneur to specify for the above-mentioned documents the period for which he will keep them, and after this period he will be able to proceed with their destruction. It is conceivable that, for example, within the framework of state supervision carried out by the Office, it will be ascertained whether or not any of the employees of the entrepreneur had access to classified information classified at the level of the Reserved classification and if he was the holder of the notification (the question of the legitimacy of access by a specific person could also be addressed, for example, by administrative punishment or in criminal proceedings, where the said documents will be in the nature of documentary evidence). In any case, documents, notices and instructions for access to classified information classified at the reserved level should be kept for the period of their validity, i.e. unless the notice ceases to be valid pursuant to Section 9(3) of the Act. In the event that the validity of the notification expires, a copy of the notification, instructions and supporting documents for verifying compliance with the conditions under Section 6(2)(a) and (c) of the Act keep for a maximum of 5 years from the date of expiry of the notification (§ 9 dst. 2 of the law).
Why do I need to include information on healthcare and treatment in the questionnaire?
In security procedures, the Office evaluates compliance with various statutory conditions for access to classified information. One of the conditions relates to a state of health, the quality of which, in certain situations, can affect the normal functioning of an individual, and also have an impact on his reliability. It is therefore necessary for the Office issuing the public document to assess whether the state of health of individual natural persons is not an obstacle to access to classified information, or whether this state of health cannot pose a security risk and affect the security reliability of the natural person. This is not a newly established practice, the Office had previously, before the amendment of the law, requested and assessed points related to health care, namely points related to psychiatric treatment and psychologist care, which were the content of the declaration of personality, statutory mandatory requirements of the supporting materials.
I am being treated by a psychiatrist and/or other doctor, I am going to see a psychologist. Does this mean that I cannot be issued with a certificate or does this information lead to the invalidation of an authentic instrument already issued by the authority?
No, I don't. No professional treatment or care provided by an individual in his/her questionnaire is, and cannot in itself, a priori be negatively assessed. However, this is one of many aspects that the Office needs to verify and assess for natural persons in certain circumstances. The issue of health status is a very complex fact and therefore it is not possible under any circumstances to determine in advance, on the basis of the information provided by the natural person in the questionnaire, whether the information is negative. In some cases, contact with a psychiatrist or psychologist, for example, can also prove to be a positive aspect. This is a very specific and diverse range of life circumstances of a natural person and if the Office concludes that it is necessary to verify the data in a given case by various steps in the procedure, it has specialised experts who are competent in the matter of valid assessment of information relating to health status and its impact on the safety reliability of a natural person. In some cases, the Office may also decide on the necessity of appointing an expert in accordance with Section 106 of the Act.
I'm being treated by a doctor, but I don't know my diagnosis. What should I do to complete the questionnaire?
The questionnaire of a natural person shall contain, at the point focused on health care, a box through which the diagnosis is made. However, there are cases where a natural person does not know his diagnosis and/or is not sure about it, or some time has passed since receiving healthcare and the party to the proceedings does not remember his diagnosis. In this case, it is not necessary to complete the diagnosis and the difficulties encountered by the natural person or in the past can be described in detail. In certain circumstances, the Office may then find it necessary to verify or refine that information, for which it uses various actions in the proceedings. The verification of that information relating to health and other professional care may also be carried out for the purpose of verifying the information provided by a party to the proceedings.
The new law comes into effect on 1. 1. By 2025, Section 58a sets out the circle of persons who have access to classified information classified at the level Reserved without valid notification for the duration of the service or employment relationship and to the extent necessary for its performance. This is a
a) members of the security forces,
(b)) civil servants,
soldiers in active service; and
d) public prosecutors,
if such persons are instructed and assigned on the spot or perform functions in which it is necessary to have access to classified information and which are listed in the overview pursuant to Section 69(1)(b) of the Act.
Section 9(1) of the Act shall apply mutatis mutandis to the instruction of such persons. It follows from the above that, in order to instruct persons with special access to classified information classified at the level reserved pursuant to Section 58a of the Act, the model of instructing pursuant to Section 9(1) of the Act, set out in Annex 3 to Decree No 300/2024 on personnel security and security capability, is to be used. In the relevant instruction, the National Security Authority recommends that the indication ‘Section 58a of the Act’ be entered in the ‘Date of issue of the notification’ box, as the persons referred to in Section 58a of the Act are not issued with a notification pursuant to Section 6 of the Act and are entitled to access classified information directly by law, subject to the above conditions.
In order to prove the authorisation to access classified information classified at the level reserved pursuant to Section 58a of the Act, it is necessary to present the service card of the relevant employee/member (if issued to the person concerned) and the above-mentioned information. If the instruction does not contain a reference to Section 58a of the Act, this does not affect the validity of the instruction and the authorisation of the individual to access classified information classified at the level reserved pursuant to Section 58a of the Act. It is essential that the natural person concerned has been informed in accordance with Section 9(1) of the Act and that he also meets the other conditions laid down by law for access to classified information in accordance with Section 58a of the Act.’
What are the most common deficiencies when applying for a certificate?
The most common shortcoming is that applicants do not declare and document income for a period of 10 years retrospectively. The requirements for the presentation of the receipts in the questionnaire and proof of receipts are as follows.
Indication of receipts in the questionnaire for the last 10 years:
1. In case you have filed a tax return in the last 10 years and you did not have income not declared in the tax return, please fill in the questionnaire every year and the option “Submitted a tax return“ tick YES and select the option ‘Submitted a tax return, I do not have income not included in the tax return’.
2. If you have filed a tax return in the last 10 years and at the same time have received income that is not included in the tax return (e.g. a retirement allowance), please fill in the questionnaire every year and select ‘Submitted a tax return“ tick YES and select the option ‘Submitted a tax return, I also have income not included in the tax return’ and fill in the type of income, amount and currency.
3. If you have not filed a tax return in the last 10 years, please fill in the questionnaire every year and select "Submitted a tax return“ tick NO and fill in the type of income, amount and currency.
You do not include state social support benefits and contributions, sickness insurance benefits and unemployment benefits in the questionnaire.
Proof of income over the last 10 years:
1. You are documenting only income that is not part of your tax return to the relevant tax office, if this income in the case of one type exceeds CZK 100,000 per calendar year. This means that if the limit of CZK 100,000 per calendar year is exceeded, you can prove, for example, your salary (unless it is part of your tax return to the relevant tax office), service allowance, old-age pension, insurance benefits, scholarship, subsidies, etc.
2. You do not substantiate benefits, social security contributions, sickness insurance benefits, unemployment benefits regardless of their amount, or any income that is part of your tax return to the relevant tax office.
Please note that the taxpayer's declaration you complete with your employer (pink form) is not a tax return.
Please note that if you are submitting tax return abroad, it is the duty to fill in the receipts included in the questionnaire and also to prove them.
I want to apply for a Certificate of Confidentiality. How am I supposed to do that?
The application can be submitted via the NBÚ Portal, when this method of administration is recommended by the Office, as it is convenient and user-friendly for the user, you can make the entire submission conveniently from anywhere, with no need to visit the Office.
The application can also be submitted by delivery to the Office’s data box (Office ID – h93aayw) or to the electronic mailroom This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes. In addition, the application may be submitted in person after ordering at the Office's registered office, tel. no. 257283225, or sent by post or by the holder of a special postal licence to the address of the National Security Office, P.O.BOX 49, 15006, Prague 56.
Detailed information on how to apply can be found here.
Section 58a(1)(b) of the Act applies to civil servants, i.e. employees under Section 6 of Act No 234/2014 on the civil service, as amended, i.e. civil servants in a civil service relationship, not state employees in an employment relationship.
Such special access to classified information at the level reserved for civil servants shall be subject only to the performance of the service, to the extent necessary for the performance of the service. At the same time, for access to classified information at the security classification level Reserved, the presumption must be fulfilled that the individual is instructed and assigned on the spot or performs a function for which it is necessary to have access to classified information at the relevant security classification level and which is listed in the overview pursuant to Section 69(1)(b) of the Act. After the termination of the service relationship or the change of the service office, the natural person is deemed not to have been informed, and if he or she had access to classified information, it is necessary to proceed in accordance with Section 11a of the Act, i.e. it is necessary to carry out so-called de-information.
Is there a difference between the first and the second application for a certificate?
No, you submit exactly the same background materials and complete the questionnaire in its entirety. The only exception is a curriculum vitae, where, when you submit a repetitive application for the issue of a certificate, you limit yourself to providing information since the previous application was submitted.
I want to apply for a Secret Certificate. What do I need to prove?
1. the application for the issue of a certificate,
2. justification of the need for access to classified information to be filled in and provided by the employer;
3. a declaration of waiver of the obligation of confidentiality of the locally competent tax administration,
Questionnaire 4,
5. photo of the licence type,
6. confirmation of income listed in the questionnaire with an indication of its amount (net income), and only if it is not part of the tax return, for the last 10 years and at the same time if it exceeded CZK 100000 in one calendar year.
Detailed information on how to apply for a certificate can be found here
How and what changes should I report to the NBÚ?
List of changes that you are obliged to notify, including information on how and in what form you will find here
I changed my last name, what should I do?
If there has been a change of surname after 1.1.2025, you do not take any action in relation to the issuance of a new certificate of a natural person. As soon as the Office receives information from the basic registers, it will issue a new certificate to you without delay. If you are also a holder of a "NATO certificate", it will also issue you with a new "NATO certificate" and send you both public documents to the contact address. Upon receipt of a new certificate ('NATO' certificate), you are obliged to return to the Office the certificate originally issued ('NATO' certificate) within 15 days from the date on which the new certificate ('NATO' certificate) was delivered to you.
Certain obligations related to the reporting of changes may be related to the change of surname. Details on how to report changes can be found here.
I'm a businessman and I'm a payer on a flat-rate basis. How do I prove NBÚ's income?
1. If you are a flat-rate taxpayer and you are required to keep records of income from self-employment for the purpose of proving the amount of decisive income for the selected flat-rate band, then when applying for a certificate, you will document business income with these records.
2. If you are a flat-rate taxpayer and you are not obliged to keep the above records, then when applying for a certificate, you will provide proof of business income with statements of account or invoices (income documents) and at the same time you will inform in writing which flat-rate scheme you are in.
1. the expiration of the period of validity of the certificate of a natural person, the expiration of the period of validity of the "NATO certificate",
2. death of a natural person,
3. the revocation of the certificate of a natural person on the basis of which the "NATO certificate" was issued (the date of enforceability of the decision of the Office revoking the validity of this certificate of a natural person, i.e. the delivery of this decision);
4. reporting the theft or loss of a "NATO certificate";
5. reporting damage to the "NATO certificate" (resulting in illegibility of data, breach of integrity),
6. the expiration of the validity of the certificate of a natural person due to the establishment of the service relationship of a member of the intelligence service, the transfer of a member of the security corps to a service position in the Security Information Service or the Office for Foreign Relations and Information, the service assignment of a soldier to a service position in the Military Intelligence, the establishment of the employment relationship of an employee assigned to the intelligence service, or the date on which the natural person becomes a person referred to in Section 141(1) of the Act (this is a certificate issued by the Office);
7. the termination of the validity of a certificate of a natural person due to the termination of the service relationship of an intelligence officer, the transfer of a member of the Security Information Service or the Office for Foreign Relations and Information to a service position in another security corps, the service assignment of a member of Military Intelligence to a service position outside this intelligence service, or the termination of the basic employment relationship of an employee assigned to an intelligence service, in the case of a certificate of a natural person, issued by the relevant intelligence service, and the date on which a natural person ceases to be a natural person referred to in Section 141(1) of the Act, in the case of a certificate of a natural person issued by the Ministry of the Interior;
8. returning the natural person's certificate or 'NATO certificate' to the person who issued it;
9. the date of delivery of the new certificate of the natural person,
10. the expiration of the validity of the certificate of a natural person due to loss, theft or damage, and only if the natural person has not applied within the statutory 15-day period for the issue of a new certificate of a natural person.
The validity of the "NATO certificate" does not expire by changing the data contained therein. In the event of a change in the information contained in the "NATO certificate", the Office itself shall issue a new "NATO certificate" without delay. Access to classified information of a foreign power shall not be affected until the delivery of the new certificate of the natural person.
In cases of expiration of the validity of the "NATO certificate" according to points 3, 5, 6, 7, 9. the holder is obliged to return the "NATO certificate" to the person who issued it within 15 days (Section 57(11) of the Act). The holder of a "NATO certificate" is obliged to return the "NATO certificate" to the person who issued it within 15 days also, if he returns the certificate of the natural person for whom the "NATO certificate" was issued.
In the event of theft, loss or damage of a "NATO certificate", its holder is obliged to immediately report this fact to the Office (Section 66(1)(c) of the Act).
In cases of expiration of the validity of the "NATO certificate" referred to in point 4 and 5. on the basis of a written request made in free form within 15 days from the date of expiration of the validity of the "NATO certificate", the Office shall issue a new "NATO certificate" within 5 days. If the written application is not submitted and the Office does not issue a new "NATO certificate", the natural person is not considered to be the holder of a "NATO certificate". In the event of the expiration of the validity of the "NATO certificate" referred to in point 7. on the basis of a written request, the model of which is set out in Annex 7 to Decree No 300/2024 on personnel security and security capability, the Office shall issue a new "NATO certificate" - the model of the request here. If the written application is not submitted and the Office does not issue a new "NATO certificate", the natural person is not considered to be the holder of a "NATO certificate".
When does the certificate expire?
1. the expiry of the period of validity of the certificate of a natural person, the death of a natural person or if declared dead,
2. the revocation of the validity of the certificate of a natural person (the date of enforcement of the decision of the Office revoking its validity, i.e. the delivery of this decision),
3. by reporting the theft or loss of a natural person's certificate,
4. by reporting damage to the certificate of a natural person (resulting in illegibility of data, breach of integrity),
5. the establishment of the service relationship of a member of the intelligence service, the transfer of a member of the security corps to a service position in the Security Information Service or the Office for Foreign Relations and Information, the service assignment of a soldier to a service position in the Military Intelligence, the establishment of the employment relationship of an employee assigned to the intelligence service, or the date on which a natural person becomes a person referred to in Section 141(1) of the Act, in the case of a certificate of a natural person issued by the Office,
6. termination of service of a member of the intelligence service, transfer of a member of the Security Information Service or the Office for Foreign Relations and Information to a service position in another security corps, assignment of a member of the Military Intelligence to a service position outside this intelligence service, or termination of the basic employment relationship of an employee assigned to the intelligence service, if the certificate of a natural person has been issued by the relevant intelligence service,
7th day on which a natural person ceases to be a person referred to in Section 141(1) of the Act, if the certificate of the natural person has been issued by the Ministry of the Interior,
8. by returning the natural person’s certificate to the person who issued it;
9. the date of delivery of the new certificate of the natural person.
The certificate of a natural person shall not cease to be valid by changing the particulars contained therein. In the event of a change in data (e.g. surname), the Office itself shall issue a new certificate of a natural person without delay. Access to classified information shall not be affected until a new individual certificate has been received.
In cases of expiration of the validity of the certificate of a natural person pursuant to points 2, 4 to 9 its holder is obliged to return the natural person’s certificate within 15 days to the person who issued it (Section 66(1)(b) of the Act).
In the event that the certificate of a natural person referred to in point 1 expires, the certificate shall not be returned by its holder.
If the holder of a natural person’s certificate is requested to issue a new certificate pursuant to Section 94(3) of the Act and the procedure for such an application is affected by the declaration of a state of crisis for the entire territory of the Czech Republic, he or she may have access to classified information even after the expiry of the certificate in his or her possession due to its expiry (point 1), until the Office decides on his or her new application, but no longer than 12 months after its expiry. In this case, the Office shall not issue a certificate replacing the original or any other attestation. An up-to-date overview of the certificates that fulfil these conditions and can therefore continue to give access to classified information is available here
In the event of theft, loss or damage of a natural person’s certificate, its holder is obliged to report this fact without delay (Section 66(1)(c) of the Act).
In cases of expiration of the validity of the certificate of a natural person pursuant to point 3., 4. the Office shall issue, on the basis of a written request made in free form, within 5 days of receipt of the request, a new certificate of the natural person (Section 56(4) of the Act). This application must be submitted within 15 days from the date of expiry of the natural person’s certificate. Access to classified information shall not be affected.
In cases of expiry of the certificate of a natural person referred to in point 6 and 7. the Office shall issue, on the basis of a written request made in free form, within 5 days of receipt of the request, a new certificate of the natural person (Section 56a(2)(c) of the Act). Such an application shall be made within 30 days of the date of expiry of the natural person’s certificate.
The certificate of a natural person shall not expire in any other way than the above, i.e. it shall not expire, for example, upon termination of the employment/service relationship (with the exception of point 6).
What is the validity of the reserved notification and when does it expire?
Period of validity of the Notification on Dedicated is not limited in time that the person who issued the notice has Obligation to verify every 5 years in the case of a natural person, again the conditions after his extradition (or, in case of reasonable doubt, even before the expiry of this period).
Validity of the reserved notification expires:
1. by serving notice of non-fulfilment of the conditions of good repute or legal capacity,
2. the termination of a service relationship or an employment, membership or similar relationship in which a natural person has been granted access to classified information,
3. the establishment of a service relationship or an employment, membership or similar relationship in which a natural person is to be granted access to classified information, if the notice has been issued by the Office or the so-called provider of classified information,
4. the death of a natural person,
5. by reporting its theft, loss,
6. by reporting damage resulting in the illegibility of the entries in the notice or a breach of its integrity,
7. the delivery of the notification of non-compliance with the obligation to submit up-to-date documents to verify the conditions for its issuance (documents to verify integrity and legal capacity),
8. by returning the notification to the person who issued it and, if it is not, to the Office,
9. the fifteenth day from the date of delivery of the certificate of the natural person or document, or
10. a change in any of the data contained in it.
What are the rules for learning?
The natural person shall be informed at the latest before the first access to the classified information a certain degree of awareness of their responsibilities for handling and handling classified information and of legal standards in the field – model of instruction; here
The instruction is always signed by the person who made it (usually Responsible person or a person designated by it) and a natural person. For the RESTRICTED level, it is made in two copies, one of which is handed over to a natural person and one is stored by the person who carried out the instruction in a place designated for the storage of these documents within the meaning of Section 68(1) of Act No 499/2004 on archiving and filing services and amending certain acts. For the CONFIDENTIAL, SECRET and TOP SECRET grades, the instruction shall be drawn up in three copies. One shall be handed over to the natural person, one shall be deposited by the person who carried out the instruction in a place reserved for the storage of such documents and a copy shall be sent to the Office. A copy of the information may also be sent to the Office electronically.
The validity of the instruction ends with the expiration of its validity notifications on the fulfilment of the conditions for access to classified information, document or Certificate of natural person and also the termination of a service relationship or an employment, membership or similar relationship in which a natural person has been granted access to classified information, i.e. in cases where a new service relationship or employment, membership or similar relationship subsequently arises, it is the duty of the responsible person or the person designated by him to inform the natural person again.
If a natural person holds a valid national certificate of a natural person and the responsible person knows that the natural person will also have to hold a 'NATO certificate', the responsible person may instruct the natural person and tick in the instruction that the natural person has been acquainted with NATO regulations without the natural person already being a holder of a valid 'NATO certificate', thereby fulfilling, within a single instruction, the obligation laid down both for access to national classified information and for access to NATO classified information. In this case, the instruction shall indicate the number of the national certificate of the natural person. As part of the lessons learned, you can get acquainted at the same time with all legislation in the field of classified information, i.e., with the regulations of NATO, the EU.
If a natural person holds a valid national certificate of a natural person and is briefed, and subsequently a "NATO certificate" is issued to the natural person, the natural person must be re-instructed, stating in the instruction the number of the "NATO certificate" and ticking that the natural person has been acquainted with NATO regulations. This does not apply if, in the first instruction made to the national certificate of a natural person, it has already been ticked that the natural person has been acquainted with NATO regulations (i.e., has been acquainted with them without being issued with a "NATO certificate") – in this case, the natural person is no longer acquainted with them again.
What rules apply to special access to classified information under Section 58 of the Act?
They have classified information without a valid Certificate of natural person a lesson access by the President of the Republic, deputies and senators of Parliament, members of the Government, the Ombudsman and his deputy, judges and members of the Supreme Audit Office, including the President and the Vice-President. Such persons shall have access from the date of their election or appointment for the entire duration of their duties and to the extent necessary for the performance of those duties.
Within the framework of criminal proceedings, civil court proceedings, administrative proceedings and administrative court proceedings, persons without a valid Certificate of natural person granted access to classified information for the purpose of exercising their rights and fulfilling their obligations in these proceedings. The conditions and the list of persons concerned by such a possibility are laid down in the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure and the Code of Administrative Procedure. Access to classified information it is also possible in these cases on the basis of instructions, which must include the file reference of the subject matter of the proceedings and instructions that data on persons with special access are registered by the Office. The information shall be provided by the person for whom the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure or the Code of Administrative Procedure so provides, and shall be signed by the natural person at the same time. Model of instruction: here
In pre-trial proceedings, one of the stages of criminal proceedings, the instruction of the persons referred to in Section 51b(1) of the Code of Criminal Procedure shall be carried out by the police authority or the public prosecutor and, in proceedings before the court, by the presiding judge. According to a well-established theoretical interpretation of Section 51b(1) of the Code of Criminal Procedure, that person is also a juror in court (another person who must participate in criminal proceedings). A copy of the instruction shall be sent by the person who carried out the instruction no later than 30 days from the date of the instruction to the Office.
A natural person acting for the benefit of an intelligence service, an informant or a natural person who is granted special or short-term protection under a special regulation, or an intelligence officer who is placed in a special reserve or assigned to a special disposition, may be granted access to classified information without a valid certificate from the natural person. The instruction shall be given by the person who allows access to the classified information.
The persons referred to in paragraphs 1, 2, 3 and 4 shall not have access to NATO classified information, with the exception of the President of the Republic, Members and Senators of Parliament, members of the Government and judges dealing with classified information of a foreign power, who shall be informed, prior to first access to classified information of a foreign power, of their rights and obligations with regard to the protection of classified information of a foreign power. In criminal proceedings, jurors adjudicating in cases where classified information of a foreign power is handled, the accused, the person involved, the injured party, their legal representative, guardian, agent, confidant, lawyer, expert and interpreter shall also have access to classified information of a foreign power, subject to the prior consent of the foreign power, to the extent necessary for the exercise of their rights and the fulfilment of their obligations in such proceedings. Prior to first access to classified information of a foreign power in proceedings, the persons referred to in the previous sentence shall be informed of the rights and obligations in the field of protection of classified information of a foreign power. The instruction shall be given in the pre-trial proceedings by the police authority or the public prosecutor and in the proceedings before the court by the President of the Chamber. The instruction shall be signed by the natural person and by the person who carried out the instruction; the person who carried out the instruction shall forward one copy of the instruction to the natural person, enter one copy in the file and send a copy to the Office; a copy of the instructions may also be sent to the Office electronically.
What rules apply to access to classified information under Sections 58a, 58b, 58c of the Act?
Section 58a of the Act
Persons having access to classified information at security level Reserved without valid notification for the duration of the service or employment relationship and to the extent necessary for its performance shall be:
a) members of the security forces,
b) civil servants,
c) Soldiers in active service a
d) prosecutors,
if they are instructed and assigned on the spot or perform functions in which it is necessary to have access to classified information and which are listed in the summary pursuant to Section 69(1)(b) of the Act.
Section 9(1) shall apply mutatis mutandis to the instruction of such persons.
In the event of termination of the service or employment relationship or in the event of a change in the service office of these persons, the natural person shall be deemed not to have been informed and, if he or she had access to classified information, it shall be further proceeded in accordance with Section 11a of the Act, i.e. the person shall be obliged to confirm in writing that he or she is aware of the obligation to keep confidential the classified information to which he or she had access and not to grant access to it to an unauthorised person. The responsible person is obliged to ensure that this action is carried out.
Section 58b of the Act
Intelligence may grant access to classified information to a natural person who does not hold a natural person's certificate or does not have access to restricted classified information where this is necessary for the performance of an obligation imposed on that natural person by another law or in the context of intelligence operations.
In the case of access to classified information, the procedure laid down in Section 60(2) to (6) of the Act similarly.
Section 58c of the Act
Police may allow access to classified information to a natural person who does not hold a natural person's certificate or does not have access to restricted classified information, if this is necessary for the performance of an obligation imposed on that natural person by another legal regulation in connection with the performance of police tasks in the field of providing special protection and assistance, short-term protection, ensuring the security of protected objects and premises and designated persons and carrying out surveillance of persons and objects. The procedure shall not apply in the case of access to classified information of a foreign power and classified information classified at the level Top Secret.
In the case of access to classified information under the procedure referred to in Section 60(2) to (5) of the Act Similarly, written records and instructions shall not be sent to the Office, but shall be deposited with the police.
What rules apply to the recognition of a security authorisation issued by an authority of a foreign power?
At the request of the security authorisation holder, the Office shall recognise the foreign security authorisation. An application may also be made through an office of a foreign power competent for the protection of classified information. These are cases where this is allowed by an international treaty by which the Czech Republic is bound, or where recognition is in accordance with the Czech Republic's foreign policy and security interests. There is no legal right to such recognition. The application shall be accompanied by an official translation of the security authorisation or a certified copy thereof; such documents shall not be required where the application is made through an office of a foreign power competent for the protection of classified information, provided that the latter confirms on the application that the applicant is in possession of the relevant security authorisation. The application shall also state the reason why recognition is to be given and the period for which recognition is to be given. Model application - here
If a security authorisation is recognised, Responsible person carry out the instruction of the natural person. Model of instruction: here
More information on recognition can be found here
What rules apply to consent to one-time access to classified information?
The Office may, in exceptional and justified cases, grant one-off access to classified information at a level higher than that for which a valid natural person certificate is issued, but for a maximum period of 6 months; one-off access shall not be granted to TOP SECRET classified information. One-off access may therefore be granted only for access to classified information classified SECRET.
The request for one-time access is always in writing, it is signed by Responsible person and includes a justification for the need for a one-off approach, an indication of the area classified information, to which access is to be granted and the required one-time access time. A copy must be attached to the application Certificate of natural person. The same person can only be given consent once and is not legally entitled to it. If this is the case, the consent is given within 5 days at the latest.
If consent is given, Responsible person carry out the instruction of the natural person. Model of instruction: here
One-time access to NATO classified information may only be granted in accordance with NATO requirements.
What rules apply to consent to access to classified information under Section 59a of the Act?
On the basis of a written request from the person responsible, the Office may, in exceptional and justified cases, grant consent for access to classified information up to two times higher than that for which a valid certificate of a natural person is issued, namely a person serving in a police authority, a public prosecutor acting as a law enforcement authority or a public prosecutor performing tasks in criminal proceedings under another legal regulation, unless the person concerned is subject to proceedings for revocation of the certificate of a natural person. The application for a person working for a police authority must be accompanied by the consent of the public prosecutor, who supervises the observance of legality in the pre-trial proceedings, and in the case of classified information classified as Top Secret, it must also be accompanied by the consent of the chief public prosecutor of the closest higher public prosecutor’s office. The request to the public prosecutor in the case of classified information classified at the level Top Secret must be accompanied by the concurring opinion of the head of the public prosecutor’s office closest to the higher public prosecutor’s office, with the exception of the public prosecutor working at the Supreme Public Prosecutor’s Office.
The request referred to in paragraph 1 shall include:
a) justification of access,
an indication of the classified information to which access consent is to be given;
c) file reference of the case, which is the subject of criminal proceedings, and
a copy of the certificate of the natural person to whom consent is to be given.
The Office shall give its consent without delay, no later than within 5 days from the date of delivery of the request, and only for the period necessary for the participation of a natural person in criminal proceedings.
The person responsible or a person authorised by him/her shall instruct the natural person and ensure that a written record of his/her instruction is entered in the criminal file and that a copy of the instruction is sent to the Office within 30 days of the date of the instruction; a copy of the instructions may also be sent to the Office electronically. Consent shall expire on the day following the day on which the natural person’s participation in criminal proceedings ceased, but no later than the date on which the natural person’s certificate ceased to be valid pursuant to Section 56(1) of the Act.
The consent referred to in paragraph 1 may be given to classified information of a foreign power only in accordance with the requirements of that foreign power.
What rules apply to access to classified information under Section 60 of the Act?
1. Introduction and basic definitions
Exceptional access to classified information pursuant to Section 60 of the Act No 412/2005 Coll., on the protection of classified information and on security capacity, as amended (‘the Act’), is a tool enabling, in well-defined and exceptional situations, the disclosure of classified information also to natural persons or entrepreneurs who do not hold the appropriate authorisation depending on the classification level of classified information (notifications, certificates). This procedure is intended only for cases where it is necessary to deal quickly and effectively with emergency situations in the interest of the Czech Republic.
Applications Section 60 of the Act in no way replaces the set system and does not deviate from the set principles and general rules for the protection of classified information. Thus, the Institute of Extraordinary Access to Classified Information under Section 60 of the Act does not serve to replace the general obligations of an entity allowing extraordinary access to classified information under Section 60 of the Act to create conditions for handling classified information, to maintain and establish a list of places and functions where access to AI is necessary, including those where access to AI of a foreign power is strictly necessary. Similarly, it is the duty to ensure the protection of classified information through specific types of ensuring the protection of classified information, depending on how classified information is handled.
2. Conditions for the application of emergency access
2.1 Existence of exceptional circumstances
Exceptional access may only be granted in emergency situations foreseen by law:
1. Period of growing international tensions (graduating international crises, including hybrid activities, intense campaigns by state actors, etc.),
2. Participation of the Czech Republic in armed conflict abroad (but not peacekeeping or observation missions)
3. Rescue or humanitarian operations abroad (in particular under the responsibility of the Ministry of the Interior and the Ministry of Foreign Affairs);
4. Declared state of war, state of danger, state of emergency and state of danger,
5. State of cyber danger.
Provisions Section 60 of the Act set out exhaustively the emergency situations in which classified information may be provided to a person who does not have access to classified information under the law, subject to the conditions laid down. This closed list cannot be extended by interpretation. The case of a period of rising international tensions, which we can possibly identify even now, must also be accompanied by certain limits. Specifically, a natural person or an entrepreneur may be provided with classified information under Section 60 of the Act if he/she performs tasks in a period of increasing international tension (e.g. CMX exercises), but it is primarily necessary to set up a management system so that natural persons or entrepreneurs who meet the conditions for accessing classified information under the Act are used to perform such a task. Paragraph 60 can therefore be applied only as an ultima ratio.
Access to classified information may be Section 60 of the Act grant only under cumulatively fulfilled conditions:
1. we are in a period of increasing international tensions or in another emergency situation listed in section 60 of the Act,
2. natural persons or entrepreneurs who have access to classified information on the basis of notices or certificates shall not be primarily involved in the performance of the tasks;
3. access is granted to a natural person or entrepreneur performing tasks related to these extraordinary situations.
2.2 Special status of the entity
Exceptional access may only be granted to a natural person or an entrepreneur who, in a given situation, carries out specific activities necessary to safeguard the key interests of the State.
Typically, these are natural persons or entrepreneurs whose involvement is irreplaceable at a given place and time and without their participation the performance of specific tasks would be jeopardised or rendered impossible.
Individuals need to be assessed for credibility and confidentiality – basic security screening is carried out, e.g. through references or personal knowledge.
3. Procedure for granting emergency access
The provider of classified information will, as a rule, be an authority of the State in the context of an emergency situation foreseen by Section 60 of the Act. As in other situations in normal operation, the tasks of a State authority are carried out by individual natural persons who do so on the basis that they are its employees or on the basis of predetermined roles, but the provider is always a given State authority (region, ministry, etc. see Section 2(d) of the Act).
Access to classified information shall be granted to a natural person to whom the classified document concerned has been assigned in the course of his or her professional activities. While such a person may also carry out screening, this is not a necessity, it may also be carried out by another person from the competent authority of the State. It is not so important who from the national authority will carry out the screening, but how it will be carried out – so that the available resources are used at a given time and place by the means available to the national authority.
However, the final decision to grant access to classified information pursuant to Section 60 of the Act cannot depend on the subjective opinion of one natural person. A natural person who effectively grants access to classified information shall do so in accordance with a decision of an authority of the State as such. The parallel is also given by the current functioning of the State authority in areas other than the protection of classified information, which is also not based on the arbitrary and subjective discretion of each member of staff, regardless of their function or assignment.
Thus, it is not possible to determine strictly which person will be responsible for an individual act if it is necessary to ensure access to classified information under Section 60 of the Act, as the entity as a whole will always be responsible – thus it is not possible to identify a specific person who will be responsible for an individual act (each entity may have a different structure and management). The performance of tasks can be set up in a similar way as in the case of access to classified information in a standard situation, while the application of Section 60 of the Act only does not have to fulfil the condition of possession of a notice or certificate.
TEST OF PROPORCIONALITY
The decision to grant access to classified information pursuant to Section 60 of the Act must be preceded by a proportionality test!!!
If the risk and possible consequences (in the event that a natural person or an entrepreneur who does not hold a certificate would not be used for the performance of the task) clearly exceed (in addition to the risks and possible consequences that would arise if access were granted only to a natural person or an entrepreneur who has access to classified information on the basis of a certificate), then special access may be granted under Section 60 of the Act.
Of particular importance is the time aspect, which will be a decisive factor, as the operative will be crucial for such decisions in crisis situations.
3.1 Assessment of credibility
For natural persons, the provider of classified information must operationally verify credibility (e.g. references from the employer, personal knowledge, assurance from a trusted authority).
Where there is any doubt as to the credibility of a person, access to classified information shall not be granted.
For entrepreneurs, caution is recommended and, in case of doubt about the ability to ensure the protection of information, access should not be allowed.
As regards the scope of the screening carried out, the aim is certainly not to carry out a similar safety procedure. The aim is to verify, from available sources (including public ones) without significant time constraints, whether the entity is an entity for which there is no evident risk factor that could have an impact on the ability to conceal information. As mentioned above, screening does not have to be carried out by a person with access to classified information, but can be any designated natural person within a State authority.
The credibility of a person means, in particular, the absence of facts indicating that a person may benefit from extraordinary access to classified information for purposes other than those foreseen by law.
It is essential that the person who carries out the ‘security screening’ is not obliged to go through all public and non-public sources, to request an extract from the criminal record and to seek the assistance of other administrative authorities or other authorities in order to verify the absence of such facts. It is sufficient for access to be granted if, even after a thorough examination, it is not aware of them by the entity to which access is granted. Such verification may consist of personal knowledge of the examiner, i.e. personal knowledge of the employees working with the examined person, basic search of public resources (internet, insolvency register, business register, etc.), as well as a reference from the employer or a guarantee from a trustworthy authority. Where a State authority concludes, on the basis of the data obtained, that there is doubt as to the credibility and ability to conceal information, access to the classified information shall not be granted.
The person performing the ‘screening’ thus works, in particular, with personal knowledge, basic verification of publicly available sources, references from the employer, a guarantee from a trustworthy authority, etc., when assessing credibility.
In particular, a guarantee from a trusted authority is a confirmation from a person who has a certain qualified relationship with the person to be granted extraordinary access and who can assess their credibility. This includes, in particular, its employer, superior or official. The guarantee can be a confirmation that the person absent facts that would otherwise indicate its unreliability. At the same time, it must be an authority about which there is no doubt about credibility itself. The authority will therefore ensure that the person who is granted extraordinary access is eligible for such access, or that he or she does not have information about any fact that affects his or her credibility.
The Act treats as entrepreneurs a natural person doing business and a legal person whose main activity is doing business, see Section 15 of the Act for details. Where access to classified information pursuant to Section 60 of the Act is granted to an entrepreneur (i.e. within the meaning of Section 15 of the Act), access must also be granted, under the conditions laid down in that provision, to natural persons who will become acquainted with classified information within that entrepreneur. These will typically be employees performing tasks for entrepreneurs who are to be granted access under Section 60 of the Act. These natural persons must therefore be screened and instructed in accordance with Section 60 of the Act, as the entrepreneur will have access to classified information in real terms through his employees.
Although the law does not explicitly require this, the NSA only recommends screening also to examine entrepreneurs as such and thus exclude the existence of obvious doubts about ensuring the protection of classified information. Such screening is recommended to be carried out in a similar way as for natural persons, i.e. from available sources and available means at a given place and time. For entrepreneurs, it is recommended to carry out screening of some natural persons, especially those involved in the management of such entrepreneurs and acting on their behalf. At the same time, it will be necessary to examine a specific natural person who will acquaint himself/herself with classified information, if he/she will also be granted access under Section 60 of the Act, or he/she will no longer be the holder of a notification or certificate of a natural person.
3.2 Information and documentation
1. Before disclosing classified information, a natural person shall be instructed in accordance with the model of recommended instruction - here or according to the model of instruction referred to in Annex 3 to Decree No. 300/2024 Coll., on personnel security and safety competence.
2. The instruction shall be made in writing, in justified cases (e.g. the risk of delay) it may be replaced by oral acquaintance.
3. A dated written record containing essential circumstances, the identification of persons and classified information, or the fact that oral instruction has been given, shall be required of extraordinary access. The model of the written record is not laid down by law. For your possible use is a sample of the recommended written record - here.
4. As soon as circumstances permit, this record, together with the written instruction (unless only oral instruction has been given), must be sent to the NSA.
As a general rule, every time an individual has access to classified information, it is necessary to re-instruct the individual, draw up an access record and send it to the NSA. Each access to an individual ‘new’ classified information constitutes a new access within the meaning of Section 60 of the Act and must therefore be treated in accordance with the Act – that is to say, it must be instructed and recorded in writing and sent to the NSA. If it is a case of providing multiple classified information in the same case to the same individual or entrepreneur, then the alert can be combined for all such classified information (e.g. at the end of the CMX exercise), provided that access is not granted with a significant delay, as the alert should be sent to the NSA without delay.
3.3 Specifics for Entrepreneurs
For entrepreneurs, the responsible person is obliged to make a written record and deliver it to the NSA without delay.
4. Limitations and principles
1. Emergency access is not legally enforceable – it cannot be invoked and any refusal does not need to be justified.
2. The need to know principle also applies in these cases – access is granted only to the extent necessary and only to those who actually need it to perform a specific task.
3. Access pursuant to Section 60 to classified information classified at the level of Top Secret shall not be granted to an entrepreneur.
4. Access pursuant to Section 60 to classified information classified at the level Top Secret may be granted to a natural person only if he or she holds a valid certificate for access to classified information classified at the level Secret and is informed.
5. Access under Section 60 may not be granted to an entrepreneur to classified information subject to a special handling regime (e.g. KRYPTO, ATOMAL).
6. Under the approach under Section 60 of the Act, sensitive activities cannot be carried out.
7. The responsibility for the correctness and legality of the procedure lies with the person who allows access (typically a state authority).
5. Practical step-by-step procedure
| Step |
Description |
| 1 |
Identification of the emergency situation (state of crisis, armed conflict, humanitarian action, etc.) |
| 2 |
Assessment of the necessity of emergency access for a specific natural person/entrepreneur |
| 3 |
Verification of the trustworthiness of a natural person (screening, references, personal knowledge) |
| 4 |
Instruction of the natural person on obligations and consequences (in writing, exceptionally orally) |
| 5 |
Drawing up a written record of emergency access (identification of persons, essential circumstances) |
| 6 |
Immediate transmission of the record and instructions to the NSA (unless it is an intelligence service) |
| 7 |
For entrepreneurs: obligatory written record and its sending to the NSA |
6. Important comments and recommendations
Every case of extraordinary access shall be carefully documented and substantiated, including all steps leading to a decision to disclose classified information.
Access to classified information pursuant to Section 60 of the Act is exceptional and may not be misused for normal operational purposes.
Responsibility for the correctness of the procedure shall always lie with the authority granting access.
In case of doubt, we recommend consulting the NBÚ or the legal department of the competent authority.
Model of recommended written test for emergency access (natural person) - here
Model of recommended instruction for emergency access (natural person) - here
I have a recognised electronic signature with my employer. Can I use this signature to electronically sign an application for a natural person’s certificate?
NO, only a recognised electronic signature established for you as a private individual, not for you as an employee of the employer, is accepted by the NSA for the signature of an application for the issuance of a certificate of a natural person.
If the conversion is ex officio (Section 23(2) of Act No 300/2008), this option is not accepted by the Office. Only conversions pursuant to Act No 300/2008 may be used upon request (Section 23(1) of Act No 300/2008).
Can I send an application to the NSA for the issuance of a certificate of a natural person via the employer's data box?
An application for the issuance of a certificate of a natural person can be sent to the NBÚ by a data box only if this data box is established for you as a natural person or a natural person doing business.
I have Bitcoin, Ethereum and NFT work. Should I put it on a questionnaire?
YES, from 1.7.2022 you will enter bitcoins, ethereum (cryptocurrency) and so-called NFT work (non-fungible token) in the questionnaire under 7.7 Movable Assets, these are virtual assets that are movable assets.
What are virtual assets, a non-fungible token – a so-called NFT work?
Virtual assets are electronically storeable or transferable units that can fulfil a payment, exchange or investment function. In practice, these are so-called cryptocurrencies, e.g. bitcoin. By the notion of irreplaceable token it is possible to imagine digitized collector's goods (e.g. A paper original of the drawing, from which its owner creates only one authentic digital copy and then decides to offer it on one of the online marketplaces where NFTs are traded. It is then possible to buy the work at a specified price or at the highest bid in the auction. After the purchase, you will become the unique owner of the product. Until you sell the work to someone else, you are the only original owner with a digitized certificate and an irreplaceable token.
Execution has been ordered on my property in the past, but the matter is already settled. Should I include such enforcement in the certification questionnaire?
YES, enforcement is an ordered enforcement of a decision, it is stated even if the case has already been resolved, namely in point 8. Enforcement orders.
Previously, you had a YES, NO option in the questionnaire for narcotics, gambling and treatment from addictions to them. There is now a detailed statement. Should I write yes or no here?
No, as of 1 July 2022, it is always the duty to comment on these points, i.e. even if, for example, you have never played a game of chance, tried drugs or are abstinent. There is a section Detailed statement, where you enter:
1. for alcohol - frequency of ingestion in the past and in the present, types and quantities ingested, circumstances of ingestion, stays at an alcohol collection station, etc. If you do not drink alcohol at all, indicate e.g. abstinent.
2. for gambling - past and present frequency, type of gambling, deposited/deposited/betted amounts per week/month, total balance, sources of funding, etc. If you do not play gambling, please indicate e.g. I've never played gambling and I don't play.
3. for narcotic drugs and psychotropic substances - the frequency and duration of use in the past and in the present, including one-off experience, the types and quantities of narcotic drugs or psychotropic substances used, the circumstances of use/use, etc. If you do not use narcotic drugs or psychotropic substances, please indicate e.g. these substances have never been tried, used or used.
I'll apply for a certificate. The questionnaire mentions games of chance – technical game, live game. What does that mean?
In live play, bettors play against the croupier, or against each other at the tables, without predetermining the number of bettors and the amount of bets per game. A live game is, for example, roulette, a card game, even in the form of a tournament, and a dice game.
Technical game is a game of chance operated through a technical device directly operated by the bettor. Technical game is e.g. cylindrical game, electromechanical roulette and electromechanical dice.
In 2021, I started treating myself because I am addicted to slot machines. Do I have to report this to the NSA?
YES, it is a gambling and treatment in connection with participation in gambling you are obliged to notify the NSA if the treatment continues after 1.7.2022 (new notification obligation valid from 1.7.2022). The same applies if you are treated for alcohol or drugs, for example, and the treatment continues after 1.7.2022.
I started seeing a psychiatrist in 2021. Do I have to report this to the NSA?
YES, this is a change in the declaration of personality, which you are obliged to notify to the NSA (new reporting obligation valid from 1.7.2022), if the treatment is still ongoing. The same applies if you visit a psychologist, regardless of whether you are being treated by a psychiatrist or not.
I want to report changes to the NSA, but I don't know exactly what you want to know. Can you give me some advice?
A detailed description of the reporting of changes to individual items can be found here
I will provide accommodation for refugees from Ukraine, I will also send funds to help Ukraine. Do I have to report it?
No, if you do not share a household with these people, you do not report this fact. You also do not notify the sending of funds to help Ukraine.
The responsible person remains liable to the natural person and continues to have obligations under Section 67 of the Act, and the Office has an obligation in relation to the holder of the natural person’s certificate to notify the responsible person that the issued natural person’s certificate has expired (Sections 56(3) and 122(1) of the Act).
Although the Act does not explicitly specify in which cases the relationship between the responsible person and the holder of the natural person’s certificate ceases to exist, it can be inferred from the provisions of Section 11(2), Section 11(4) and Section 67(1)(g) of the Act that the existence of such a relationship depends on the existence of a service relationship or an employment, membership or similar relationship between the holder of the natural person’s certificate and the entity (a legal person or a natural person doing business who has access to classified information, or an authority of the State) whose authority the responsible person represents in the field of classified information. The relationship between the responsible person and the specific certificate holder of a natural person thus arises upon receipt of an application for the issue of a certificate of a natural person certified by that responsible person to the Office, or upon receipt of information pursuant to Section 11(2) of the Act (if a new employee is recruited to a place listed in the overview pursuant to Section 71(3) of the Act who already holds a certificate of a natural person issued on the basis of an application in which an employment or service relationship that has lapsed has been indicated as a justification for the need to access classified information, and this justification has been confirmed by another responsible person), and lasts until the termination of an employment, membership or similar relationship or until the expiry of the certificate of a natural person. The fact that a person is no longer assigned to a position that is listed in the list of places and functions where it is necessary to have access to classified information does not affect the existence of a relationship between the responsible person and the certificate holder of the natural person. This conclusion is confirmed by the fact that the fact that a specific holder is no longer assigned to a position that is listed in the overview pursuant to Section 71(3) of the Act, or that a specific holder of a natural person’s certificate will not have effective access to classified information, is not an obligation to notify the responsible person. However, the responsible person is obliged under Section 69(1)(g) of the Act to notify the termination of a service relationship or an employment, membership or similar relationship in which a natural person has been granted access to classified information. The fact that the holder of a natural person’s certificate is not placed in a position that is listed in the overview pursuant to Section 71(3) of the Act also cannot be interpreted as a fact that may affect the issue or validity of the natural person’s certificate (Section 69(1)(c) of the Act). Such facts are only those relating to the fulfilment of the conditions for the issue of a certificate under Section 12 of the Act, not the fact that a specific person will no longer have access to classified information. It follows from the foregoing that, in such a situation, the position of the person responsible vis-à-vis the specific holders of a natural person’s certificate cannot be absolved by unilateral declarations.
I changed my permanent address, should I report it?
No, I don't.
I am a member of the fire brigade, the Czech fishing association and the Good Angel Foundation, should I report it?
No, I don't.
I sold my car for 200000 CZK and bought a new one for 400000 CZK, should I report it?
No, I don't.
Should I report that I bought an apartment in Spain?
Yes, I did. However, you no longer notify if you buy, for example, an apartment under personal ownership or co-ownership located in the Czech Republic (e.g. in Klatovy).
I sold the family home, should I report it?
No, I don't.
An enforcement order has been issued against me, shall I report it?
No, I don't.
I took out a mortgage for CZK 2500000 at Komerční banka, a.s., should I report it?
No, I don't.
A friend lent me $500,000, should I report it?
Yes, I did. The obligation of a natural person is to notify the incurrence of liabilities, the nominal value of which individually or collectively exceeds CZK 100,000 or five times the average monthly income of a natural person after deduction of mandatory statutory contributions, whichever is the higher, only if the liability arose between natural persons, i.e. if a loan of CZK 500000 meets the above nominal value, you are notifying a loan from a friend (natural person) of CZK 500000.
I took a loan from an employee of the Department of Defense, should I report it?
No, I don't.
I borrowed 120000 CZK through zonky.cz. Do I have to report it?
No, I don't.
I lent my girlfriend 300000 CZK, should I report it?
No, I don't.
I came back from the mission and I used the mission money to pay off the mortgage, should I report it?
No, I don't.
Act No 412/2005 does not lay down an explicit requirement to submit documents in paper form pursuant to Section 7 of the Act. The fulfilment of the conditions under Section 6(2) of the Act shall be verified and notified to the natural person by the person who is responsible to him or her in the context of a service relationship or an employment, membership or similar relationship, or by a person designated by him or her. Since Act No 269/1994 on the Criminal Register, as amended, allows for the sending of an extract from the Criminal Register directly to the data box of a natural person in electronic form, the forwarding of a data message containing such an extract in electronic form sent by an authorised entity is sufficient for the purposes of verifying compliance with the conditions under Section 6 of the Act.
For the purposes of the law, verification of compliance with the conditions for issuing a notification is sufficient if the relevant data report, or an extract from the Criminal Register in electronic form from a natural person, is stored without the need for conversion into paper form. It is then desirable to keep the data report containing an extract from the Criminal Register in electronic form for a period of 5 years, or until further verification (Section 9(2) of the Act).
Do I have to report the establishment of my data box?
No, I don't.
Where should I indicate in the questionnaire when applying for an investment life insurance certificate - in ‘Financials’ or ‘Investment instruments’?
Investment life insurance is listed in section 7.4 Finance, as it is not an investment instrument under Act No. 256/2004 Coll., on Capital Market Undertakings.
The questionnaire states that I have to complete continuous stays abroad of more than 90 days. For what period do I have to fill in these stays retrospectively?
Point 9 of the natural person's questionnaire - Continuous stays abroad of more than 90 days is an item without a time limit, i.e. you will complete all such stays in the past and such a stay lasting even now.
I lent my friend money and my friend guarantees me this loan with his real estate. Do I indicate the resulting lien on his property when applying for the issue of a certificate of a natural person in the questionnaire?
Yes, if there was a lien on a property owned by your friend after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.), the lien on real estate is a separate property. In the questionnaire, you will indicate the lien to the point:
7.8 Immovable property
7.8.1 Leaded by the cadastral office (in the case of property outside the Czech Republic, state the address) - cadastral office, where the property owned by a friend is located, for which a lien has been established, 7.8.2 Type of property and how it has been used since acquisition – lien; 7.8.3 Method of acquisition and sources of financing - others, 7.8.4 Acquisition price - 0, 7.8.5 Currency – 0, 7.8.6 Year of acquisition of the property: indicate the year in which the lien arose
My father-in-law allowed me to build a cottage in his garden. Do I state this when I apply for a natural person’s certificate in the questionnaire?
Yes, if this fact, regardless of whether it is a cottage already built or not yet built, occurred after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.) the Right of Construction, which is a separate property. In the questionnaire, you will indicate the right of construction to the point:
7.8 Immovable property
7.8.1 Leaded by the cadastral office (in the case of property outside the Czech Republic, state the address) - the cadastral office where your father-in-law's land is located, 7.8.2 Type of property and how it has been used since acquisition – right of construction, 7.8.3 Method of acquisition and sources of financing: e.g. contract, funded by savings; 7.8.4 Acquisition price – e.g. 0; in the event that you paid for the right of construction, for example. CZK 50000; 7.8.5 Currency – 0, 7.8.6 Year of acquisition of the property: state the year in which the right of construction arose
I live in an apartment that is not in my personal ownership/co-ownership, but is the property of a cooperative, I own a cooperative share. Do I include this apartment in the questionnaire when applying for the issue of a natural person’s certificate?
Yes, if you acquired a cooperative share after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.), the cooperative share of objects is movable. In the questionnaire, you will indicate the cooperative share in the point:
7.7 Movable property
(by species whose value exceeds CZK 200,000 in the case of one species, e.g. cash, cooperative share, collection, art objects, precious metals, jewellery, motor vehicle, vessel, aircraft, antiques, technology, electronics, share in a business corporation, virtual assets - non-fungible tokens (NFTs), cryptocurrencies)
7.7.1 Species: cooperative share + percentage, 7.7.2 Number of pieces – 0, 7.7.3 Method of acquisition and sources of financing - e.g. purchase, financed by the sale of real estate, 7.7.4 Acquisition price – e.g. CZK 2800000; 7.7.5 Total value - e.g. CZK 2800000
A natural person is obliged to state and comment in detail on contacts that fulfil a summary of the following conditions:
A.
1. is a foreign national,
2. the contact does not result from the performance of the professional or service duties of a natural person after 1990 (e.g. partnership, family, friendly relationship, contact based on common interests and hobbies); and
3. the natural person evaluates the contact as significant primarily according to its intensity, circumstances, possible impacts on the behavior of the natural person (the impact of the contact on the natural person - e.g. emotional, financial).
B.
1. is a citizen of the Czech Republic who lives in a state that is not a member state of the EU or NATO,
2. the contact does not result from the performance of the professional or service duties of a natural person after 1990 (e.g. partnership, family, friendly relationship, contact based on common interests and hobbies); and
3. the natural person evaluates the contact as significant - mainly according to its intensity, circumstances and content, possible impacts on the behaviour of the natural person (the impact of the contact on the natural person - e.g. emotional, financial).
The fulfilment of this point is primarily dependent on the subjective assessment of the natural person as to how he perceives his possible contact with the person fulfilling point 1, who fulfils the condition set out in point 2, with regard to the fulfilment of the condition under point 3, i.e. whether he considers this contact to be significant for him for a specific reason, i.e. that he influences or may influence him in some way.
If the natural person (applicant) is long-term resident in the territory of a foreign state, he/she will always fill in this point, if the sending entity is not an authority of the state.
YES, in this case only the national certificate number of the natural person is indicated in the instruction. As part of the lessons learned, all legislation in the field of classified information, i.e., NATO, EU and WEU regulations, can be read at the same time.
Yes, the instruction shall indicate the number of the "NATO certificate" and tick that the natural person has been acquainted with NATO regulations. This does not apply if, in the first instruction made to the national certificate of a natural person, it has already been ticked that the natural person has been acquainted with NATO regulations (i.e., has been acquainted with them without being issued with a "NATO certificate") – in this case, the natural person would no longer be acquainted with them again.
What are the most common deficiencies in the reporting of changes to a natural person’s certificate?
In the event that there is a change of persons over 18 years of age living with a natural person in the household, which may occur, for example, in connection with a change in the address of permanent residence, marital status, reaching the age of majority of children, it is the obligation of the natural person to notify the Office of data relating to new persons in the household, namely the name, surname, maiden name, previously used surnames, date of birth, birth number, place of birth, nationality, employer, relationship to the natural person, or to notify that the persons previously mentioned by the natural person no longer share the household with him.
For example:
1. The natural person stated in the questionnaire that she is single and that she does not live in a household with anyone over the age of 18. Subsequently, the natural person’s marital status – married – changes. It is her duty to report the above information to her/his spouse.
2. The natural person stated in the questionnaire that she is married and lives in a household with a daughter and son who are over 18 years of age. Children stop sharing a household with a natural person. It is the duty of the natural person to report that the daughter and son no longer share the household with the natural person.
3. In the questionnaire, the natural person stated that he/she lives in a household with a friend who is over 18 years of age. Then there is a break-up, the friend/girlfriend stops sharing the household with the natural person. It is the duty of the natural person to report that the friend (former) no longer shares the household with the natural person. If an individual starts sharing a household with a new friend, it is their responsibility to report the above data to the friend.
4. In the questionnaire, for example in point 7.1 Financially dependent persons indicated their children. Subsequently, children reach the age of 18 and live with a natural person in the household. It is their responsibility to report the above data to the children.
When do changes have to be reported?
Immediately, i.e. as soon as circumstances allow and without undue delay.
What is SJM?
SJM - joint marital property is based on Section 708 et seq. of the Civil Code, the joint property includes what one or both spouses acquired together during the marriage (e.g. household equipment, finances) with the exception of what is referred to in Section 709(1)(a) to (e) of the Civil Code, as well as debts (e.g. loans) taken over during the marriage, with the exception of debts referred to in Section 710(1)(a) and (b) of the Civil Code)
The individual questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. In the case of the expression ‘Yes’, does the natural person also have to indicate in the following points income, financial liabilities, financial claims, immovable property relating exclusively to the spouse, registered partner?
No, I don't. A natural person shall be required to provide information relating only to that person. However, if, for example, he or she is a co-debtor of a loan entered into by a spouse, partner, or is, together with the spouse, partner, co-owner of immovable property or have immovable property in the SJM, i.e. these data also relate to his or her person, he or she must provide them. Similarly, it is incumbent on it to provide information relating to its right of disposal over another person’s account.
I have a permanent residence with my parents, but I live in the place where I work for over a week. I've got to point 15. (...persons over the age of 18 living with you in the same household) write also brother and parents?
The term household is defined by the Civil Code. For the purposes of security proceedings, the terms ‘households’, ‘family households’ or ‘common households’ in the Civil Code are used. It must therefore be the cohabitation of at least two natural persons (one of which is an applicant for the issue of a natural person’s certificate) and at the same time the following conditions must be met:
1. the fact that they are consumer communities, i.e. an association of money or other means to meet common needs.
Reimbursement of common needs must be understood more broadly than, for example, the joint payment of rent and the costs of services associated with such rent (according to Section 690 of the Civil Code, ‘the provision of property benefits has the same meaning as the personal care of the family and its members’). It is therefore ‘economic cohabitation, where there are no separate financial means and no distinction is made as to which household items may be used by those persons’.
In general, therefore, cohabitation in a household with a natural person for the purposes of security proceedings cannot be assumed solely on the basis of cohabitation in a single dwelling (permanent residence is an institute of population registration and the address indicated, for example, in the identity card is not decisive in this respect).
2. the condition of the permanence of cohabitation in the household with a natural person. That is the case where ‘there are objectively identifiable circumstances which indicate an intention to lead such a community on a permanent basis and not only on a temporary basis.
I have documents in English, do I have to have them translated?
If documents are submitted in a foreign language, they must be submitted in the original and at the same time in an officially certified translation into the Czech language. If a document is submitted in a foreign language on a so-called transferable document (e.g. A1,S1,S2,S3,DA1,P1,U1,U2,U3...) is accepted in accordance with Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council without an officially certified translation into Czech if it is submitted in an official language of a Member State of the European Union, the European Economic Area or Switzerland.
I received a letter of discontinuation of proceedings because I did not complete the necessary documents in time, what should I do so that the proceedings are not discontinued?
Submit the decomposition and at the same time add the necessary documents. The digestion must contain:
1. identification party – first name, surname and social security number;
2. address of permanent residence; where applicable, the address for service;
3. Date and signature a party to the proceedings;
4. Identification of the decisionagainst which the decomposition is filed (i.e. reference number and date of issue);
5. what a party to the proceedings seeks (e.g. annulment of a resolution of the Office to discontinue security proceedings for the issue of a certificate of a natural person);
6. reasons, for which the contested decision is incorrect, or what the party considers to be contrary to the law (i.e. the party specifically describes the reasons why it does not agree with the contested decision). An appeal may be brought against the operative part of a decision, not against the grounds of that decision.
You can file a decomposition with the Office within 15 days from the date of service of the decision (Section 126(1) of the Act). If you miss the deadline for filing a decomposition for serious reasons, you can apply to the Office for its remission within 15 days from the date on which the cause of the missed decomposition ceased to exist. The condition, however, is that the application for remission must be accompanied by the decomposition itself.
You can submit the decomposition:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option Dissolution (appeal against the decision of the NSA issued in the proceedings),
2. by delivery to the Office’s data box (Office ID – h93aayw),
3. by delivery to the Electronic Filing Office This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,
4. by post or by the holder of a special postal licence the address The Office.
How do I withdraw an application for a natural person’s certificate?
In such cases, it is necessary to send a written notification to the Office that you are withdrawing your application for a certificate. It is necessary to specify the person (name, surname, social security number or date of birth, place of residence), the application (issuance of a certificate of a natural person) and to sign the communication. On the basis of this communication, in accordance with the provisions of Section 113(1)(a) of the Act, The Office shall close the pending proceedings, issue and send an order terminating the proceedings. After this resolution has become final, the Office will also send information about the discontinuation of the proceedings to your responsible person, who has confirmed to you the merits of the request for the issuance of a certificate of a natural person.
You can withdraw an application for the issuance of a natural person's certificate by:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option General submission),
2. a data box set up for a natural person,
3. by delivery to the Electronic Filing Office This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,
4. by post or by the holder of a special postal licence the address The Office.
I need a look at the security file. What do I have to do?
You have the right to consult before taking a decision on an application for a certificate the Unclassified Part of the Security Volume (Section 89c of the Act). You have this right only until the decision on the application for a certificate becomes final. It can be consulted on the basis of a written request addressed to the Office, which is written in free form.
You can request access to the unclassified part of the security file by:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option General submission),
2. a data box set up for a natural person,
3. by delivery to the Electronic Filing Office This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,
4. by post or by the holder of a special postal licence the address The Office.
The Office employee will then notify you in writing (possibly by telephone) of the date when the volume can be consulted. The inspection takes place in the Office building (Na Popelce 2/16, Prague 5 - Košíře). Before consulting, an employee of the Office will acquaint you with the possibility of making extracts from the volume or requesting copies from the volume for a fee. A written record of the inspection shall always be made.
