Obligations Responsible persons are comprehensively addressed in the provision Section 67 of the Act. In the area of personnel security, they are in particular:

1. the obligation to ensure lesson natural persons (Section 2(i) of the Act),

2. the obligation to ensure once a year the execution of training of natural persons who have access to classified information legislation on the protection of classified information, and keep track of such training;

3. the obligation to ensure the verification of the fulfilment of the conditions for access by a natural person to classified information at the level of security restricted,

4. the obligation to ensure prompt written notification to the National Security Authority (hereinafter referred to as ‘the Office’) that, before issuing a natural person’s certificate or deciding not to issue it, the facts justifying the request for the issue of a natural person’s certificate have ceased to exist;

5. the obligation to ensure prompt written notification to the Office of termination of service or employment, membership or similar relationship in which a natural person has been granted access to classified information classified as Top Secret, Secret or Confidential.

Other duties in the field of personnel security, the performance of which may be entrusted the Responsible Person, can be found in Section 69(1) of the Act, in particular points (b), (c), (j) and (k).

Provisions Section 71(1) and (2) of the Act there is an obligation to establish and occupy a post the Security Director, which is directly subordinated to the Responsible Person. Function the Security Director It can also be carried out by the responsible person.

In the area of personnel security, attention should be paid in particular to the following:

For security classification level Reserved

If Responsible person the One Who Issued notifications on the fulfilment of the conditions for access to classified information at the level of security reserved, is obliged to every 5 years from the date of its issue, verify compliance with the conditions laid down in Section 6(2)(a) and (c) of the Act – legality and good repute. It shall be entitled to verify compliance with these conditions even before the expiry of this period if there are reasonable doubts that the holder of the notification has ceased to comply with any of them.

Upon expiry of the notification (Section 9(3)(a), (g) of the Act) is the one who notifications issued, obliged to ensure that the natural person does not have access to classified information, and on the lapse of validity notifications is obliged to notify the natural person in writing. In the written notification shall state the reason for the lapse of validity notifications.

Upon expiry of the notification (Section 9(3)(b) to (d), (f), (h) or (i) of the Act) is the one who notifications issued, shall make a written record of such termination, which shall be stored in accordance with the provisions of Section 68(1) of Act No 499/2004 on archiving and filing services and amending certain acts, as amended.

In cases of theft, loss or damage, the notification shall be issued on the basis of a request which must be submitted within 15 days from the date of expiry of the notification., the one who was original notifications issued, a new notification, within 5 days. In the event of a change in the particulars given in the notification, on the basis of a request to be submitted within 30 days of the date of expiry of the notification, the original notifications issued, a new notification, within 5 days.

Before the first access to classified information is Responsible person obliged to ensure the instruction of a natural person and to hand over one copy of the instruction and to save the other in accordance with the provisions of Section 68(1) of Act No 499/2004 on archiving and filing services and amending certain acts, as amended.

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 fulfilment of the conditions for access to classified information of the restricted classification (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 notification expires, a copy of the notification, instructions and documents for verifying compliance with the conditions under Section 6(2)(a) and (c) of the Act may be kept for a maximum of 5 years from the date of expiry of the notification (Section 9 dst. 2 of the law).

In the event of termination of the service or employment relationship or in the event of a change in the service office of natural persons referred to in Section 58a of the Act (members of the security forces, civil servants, active-duty soldiers, prosecutors) the natural person shall be deemed not to have been informed and, where he or she has had access to classified information, the person responsible shall be obliged to ensure that an act is carried out in accordance with Section 11a of the Act.

Confidential, Secret, Top Secret

Responsible person is required to ensure lesson natural persons before first access to classified information and provide it with one copy, the other shall save in accordance with the provisions of Section 68(1) of Act No 499/2004 on archiving and filing services and amending certain acts, as amended, and send a copy of the instruction to the Office; a copy of the instruction can also be sent to the Office electronically.

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 the execution of this act (Section 11a of the Act).

After expiration Certificate of natural person the responsible person is obliged to ensure that the natural person does not have access to the classified information.

Where a natural person holds a valid natural person’s certificate, irrespective of who has validated his or her application for the issue of a natural person’s certificate, the responsible person shall be obliged to instruct him or her prior to the first access to classified information.

For example:
A natural person has submitted an application for the issuance of a certificate of a natural person, which has been confirmed by the responsible person of the Ministry of Defence of the Czech Republic. After the natural person’s certificate was issued, the natural person was instructed. Subsequently, the natural person terminated the service relationship with the Ministry of Defence of the Czech Republic, in which he had access to classified information, i.e. it is considered that the natural person is not informed. After that, the natural person will enter into the employment of ČEZ a.s., in which he will have access to classified information. The responsible person of ČEZ a.s., in this case, is obliged, prior to the first access to classified information, to provide a new instruction to a natural person.

Warning

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?

The responsible person remains liable to the natural person and continues to have obligations under, 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.