Statement by the NSA

In view of the persisting inconsistency and lack of clarity in the procedure for establishing and filling the position of Security Director, the National Security Authority (‘NSA’) issues this declaration in order to harmonise the procedure for establishing and filling the position of Security Director and subsequently notifying the establishment and filling or changes in the position of Security Director of the NSA within the meaning of Section 71 of Act No 412/2005 on the protection of classified information and security eligibility, as amended (‘the Act’).

Section 71(1) of the Act lays down the obligation to:

  • the State Authorityin respect of which classified information is generated or disclosed;
  • a Legal Person a a natural person doing business, which have access for classified information,

establish and fill the post of Security Director.

The responsible person shall be responsible for the establishment and filling of the position of Security Director in the cases referred to in points (a) and (b). The Security Director shall report directly to the person responsible. The responsible person may also act as Security Director. The detailed conditions for the performance of the duties of the Security Director are governed by Section 71 of the Act.

The position of Security Director shall be established and occupied as long as the status referred to in points (a) and (b) persists. This means that in cases where there is a change of person to the position of Security Director, the appointment of a new Security Director must follow immediately after the dismissal of the former Security Director.

Another obligation that the responsible person must ensure is the reporting obligation to the NSA. The NSA keeps a register of security directors in accordance with the law. Pursuant to Section 71(2) of the Act, all entities for which the position of Security Director has been established are obliged to notify the NSA of the name, surname and social security number of the person performing the function of Security Director. This written notification must be sent to the NSA within the deadline 15 days since the Security Director's appointment. The SAO draws attention to the need to comply with this deadline. NBU is required Notify changes as well persons holding the position of Security Director. The aim is that the data in the register of security directors can be kept up to date and correspond to the actual situation.

Where a legal person or sole trader who has access to classified information or an authority of a State: does not establish a will not occupy as a security director, commits an administrative offence referred to in Section 153(1)(d) of the Act.

If they do not report a legal person or a sole trader who has access to classified information, or a state authority, appointing a security director, commits an administrative offence referred to in Section 153(1)(e) of the Act.
Under Section 153(2) of the Act, a fine of up to CZK 300 000 may be imposed for the above-mentioned administrative offences.