Question: Who carries out the instructions pursuant to Section 9(1) of Act No 412/2005 for those responsible to whom there is no entity granting access? Does the National Security Agency provide guidance in these cases?

Answer: When answering a question, it is necessary to rely on the provisions of Section 9(1) (information) and Sections 137 and 138 (obligations and powers of the NSA).

The National Security Authority does not instruct in these cases, as it is not entrusted with this authority by law.

In view of the wording of Section 9(1), where it is stated that ‘the responsible person: provide instruction to the natural person’ and the fact that the law does not specify how this provision of instruction is to be carried out, it can be accepted that the responsible person ensures his instruction by transferring this obligation to another person (preferably the Security Director) who then carries out the instruction of the responsible person and possibly other natural persons. This procedure can be applied in particular in cases where it will not be possible to use the procedure under the second sentence of Section 9(1) due to the absence of a person who should allow access and at the same time it is necessary to meet the condition of instruction before 1.2.2006 under Section 157(7).

We would add that the purpose of the instruction is to acquaint the natural person with the rights and obligations in the field of protection of classified information and with the consequences of their violation, so it is crucial that it is carried out by a person familiar with the issue of protection of classified information. The fact that the instruction of the responsible person is carried out, where appropriate, by a subordinate person is not contrary to the law.