Personnel security is an essential form of protection classified information. In addition to verifying the conditions to be met by an individual in order to be granted access to classified information, staff security shall include the training of those individuals. Ensuring the training of natural persons who have access to classified information is the responsibility of Responsible person. It is obliged to provide training in legislation on the protection of classified information once a year for persons who have access to classified information and to keep an overview of such training.

The method and scope of verification of the conditions to be met by an individual in order to be granted access to classified information shall vary according to the classification levels to which the individual is to have access. The following table sets out the conditions for each classification level to be met by an individual:

CONDITIONSRESERVED (notification)CONFIDENTIAL, SECRET, TOP SECRET (certificate)
Legal capacity YES YES
At least 18 years of age YES YES
Integrity YES YES
Citizenship of the Czech Republic, EU countries, NATO NO YES
Safety reliability NO YES

For the classification level Reserved, the conditions shall be verified by the person who is responsible to the natural person in the context of a service or employment relationship, a member relationship or a similar relationship, or a person designated by him. If not, the verification shall be carried out by the responsible person or a person designated by him or her who shall give the natural person access to classified information classified at the level Reserved. In other cases, the verification shall be carried out by the National Security Authority (hereinafter referred to as ‘the Authority’) on the basis of: justified written requests. For the classifications Confidential, Secret and Top Secret, the fulfilment of the conditions shall be verified in safety management, which is authorised to carry out the Office, intelligence services for its officers, employees and applicants for recruitment, and the Ministry of the Interior for police officers selected for the performance of serious tasks.

Ministries and other central administrative authorities are obliged to annually until 31 July prepare and send to the Office a personnel project (Section 72 of the Act). It shall include an assessment of the personnel security situation for the previous calendar year, including an indication of the total number of classified information, the number of accesses to such classified information and the number of certificate holders. The personnel project must also indicate the expected number of persons who will have access to classified information in the following calendar year and those for whom security procedures will have to be carried out in the following calendar year, distinguishing between security classification levels – the personnel project form and further information can be found - here a here.

The Office assesses the submitted personnel projects in terms of content and form and comments on them. The requirements for the elaboration and evaluation of personnel projects, including the process of special comment procedure, are dealt with in Resolution No 439 of the Government of the Czech Republic of 19 June 2012. The Office shall submit the personnel projects together with its observations to the Government by 30 November of the relevant calendar year.

POJMY

Classified information

Information classified according to the law, which can be classified under an item listed in the catalogue of areas of classified information, issued as a Government Regulation, in any form recorded on any medium, the disclosure or misuse of which may cause harm to the interest of the Czech Republic or may be disadvantageous for that interest. See provisions Section 2(a) of the Act. It is divided into four levels: Reserved, Confidential, Secret and Top Secret.

Lessons learned

A document signed by an individual before the first access to classified information of a given level and one copy of which belongs to him. At the same time, the document is always signed by the person who carried out the instruction. In case of expiry of the certificate of a natural person (Section 56(1) of the Act) or termination of service or employment, membership or similar relationship in which a natural person has been granted access to classified information, it shall be considered that the natural person is not informed Section 9(1), Section 11(2) of the Act. Model of instruction - here

More about Lessons - here.

Disclaimer (confirmation pursuant to Section 11a of the Act)

In the event of termination of a service relationship or employment, membership or similar relationship, or in the event of a change in a service office in which a natural person has been granted access to classified information, that person shall confirm in writing that he or she is aware of the obligation to maintain confidentiality with regard to the classified information to which he or she has 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. Deletion shall always take place irrespective of the classification level of the classified information to which the individual has had access. This institute, which is based on the regulation of the protection of classified information within the EU and NATO, aims to increase prevention within the framework of the protection of classified information. In order to reduce the administrative burden, debriefing may be included in another document. Recommended pattern is available for download here.

Notification of compliance with the conditions for access to restricted classified information

A document confirming that a specific individual has been verified as meeting the conditions for access to restricted classified information. Model notification - here.

Certificate of natural person

An authentic instrument certifying that the holder has fulfilled the conditions for access to a given level of classified information (Confidential, Secret, Top Secret) and may be instructed or engage in sensitive activities. The authentic instrument is a trilingual document (Czech, English and French). For this reason, there is no need to explicitly request the issuance of a specific public document for the needs of the institutions of the European Union. The certificate is valid for 10 years (CONFIDENTIAL), 10 years (SECRET), 5 years ( TOP SECRET) - Section 54(1) and (2), Section 55, Section 56 of the Act. Model certificate of a natural person - here.

Safety management

This is a process conducted by the Office or another legally authorized entity. In the area of personnel security, it serves to verify whether a natural person meets the conditions for extradition Certificate of natural person. The issue is governed in general by the provisions of Sections 89 – 135 of the Act. Acts in extradition proceedings Certificate of natural person specifies Section 107 of the Act.

More about safety management - here.

Responsible person

The entity responsible for the implementation of certain measures in the field of the protection of classified information shall be entrusted by law with the fulfilment of the obligations arising from the provisions of the law. If a function is established the Security Director, it reports directly to the responsible person. The definition of responsible person is in the provision Section 2(e) of the Act. Responsibilities of the responsible person: here

Expert

A person who, in accordance with the wording of Act No. 36/1967 Coll., on experts and interpreters, if necessary, appoints the Office within the framework of the Security Management for the purpose of drawing up the expert opinion needed to make an expert assessment of the facts relevant to the decision (Section 106 of the Act).

Participant in the security procedure

V safety management the party to the proceedings is a natural person who applies for extradition Certificate of natural person or is the holder of Certificate of natural person and is in the process of revoking the validity of the certificate.

See provisions Section 92(a) or (c) of the Act.

Security Director

Person who is directly subordinated the Responsible Person, ensures and fulfils the obligations laid down in writing by the responsible person within the scope of the law and approves the list of places or functions pursuant to Section 69(1)(b) of the Act for which access to classified information is required. In the case of a State authority and a legal person pursuant to Section 60b of the Act, a natural person in his capacity as Security Director must meet the conditions for access to classified information of the highest classification level which is created or provided to him by a State authority or legal person pursuant to Section 60b of the Act. In the case of an entrepreneur, a natural person in the position of Security Director must hold a certificate of a natural person for access to classified information at least at the level for which the entrepreneur has issued a certificate.

The position of Security Director shall be established and occupied by:

  • an authority of the State from which classified information is generated or to which it is provided;
  • in the case of legal persons pursuant to Section 60b of the Act for which classified information is generated or to which it is provided,
  • for an entrepreneur who has access to classified information
  • natural persons doing business who have access to classified information.

The responsible person may also act as Security Director. Within 15 days of the date on which the post was filled, the name, surname and social security number of the person performing the post must be sent to the Office in writing. The function of security director may not be exercised simultaneously by several state authorities, legal persons under Section 60b of the Act or entrepreneurs (Section 71 of the Act).

Decomposition

An appeal against a decision issued in the context of security proceedings must contain the first name, surname, social security number and address of the place of permanent residence, or, where applicable, an address for service, must be dated and signed. The appeal must state against which decision it is directed, what the party is seeking and what is considered to be a breach of law or other irregularity of the contested decision. However, it is not possible to appeal only against the grounds of the decision (Sections 125 – 132 of the Act). Some types of decisions are not open to appeal. The party shall be informed of the possibility or inadmissibility of lodging an appeal at the end of the relevant decision.