What rights a natural person has:
A party to proceedings for the issue of a certificate of a natural person and a party to proceedings for the revocation of the validity of a certificate of a natural person shall have the right to:
- inspect and extract from the security file, with the exception of the part of the security file containing classified information (Section 89c of the Act, Section 124 of the Act),
- a party may be represented by a lawyer or another representative of his choice (Sections 92e and 92f of the Act)
- submit decomposition against the decision of the National Security Authority (hereinafter referred to as "the Office") issued in the security proceedings (Section 125 of the Act),
- withdraw in writing the request of the natural person (Section 113(1)(a) of the Act) – only in proceedings for the issue of a certificate of a natural person,
- request in writing that the proceedings be stayed for a period of no more than 60 days for a reason that has prevented him from participating in the proceedings for a long period of time – the suspension of proceedings may be requested no more than twice (Section 112(1)(e) of the Act),
- to object to the bias of the official within 15 days from the day on which he became aware of the official involved in the proceedings, the objection must be justified (Section 90(3) of the Act).
- return the natural person’s certificate to the person who issued it, including in the event of the initiation of proceedings for the revocation of the natural person’s certificate; in this case, the certificate will lapse and the proceedings will be discontinued (Section 56(1)(j) of the Act),
- request in writing within 15 days The Office for the issue of a new certificate of a natural person, if its validity has expired by announcing its theft, loss or damage (Section 56(4) of the Act).
To the extent that a party does not have the capacity to be a party to proceedings, he must be represented by a legal representative (Section 92d of the Act)
What are the duties of a natural person:
Holder of a notice for access to classified information at classification level RESERVED (hereinafter referred to as ‘the notification’) (Section 9(6), Section 10(2) of the Act) shall, in particular, be obliged to:
- communicate in writing to the person who issued the notice changes concerning the conditions of legal capacity and good repute, namely: within 15 days from the date of, when this change occurred,
- communicate in writing the person who issued the notice changes to the particulars to be included in the notice (first name, surname, nationality), namely: within 30 days from the date of, when this change occurred,
- communicate in writing to the person who issued the notification of the theft, loss or damage of the notification, within 15 days from the date on which that fact occurred or became known to the natural person;
- communicate in writing to the person who issued the notification within 15 days of the date of receipt of the natural person's certificate or security certificate;
- communicate in writing the so-called provider of classified information, in cases where a notification is issued by the Office, 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 within 15 days from the date on which this occurred,
- at the request of the person who issued the notification, to submit a declaration of legal capacity and an extract from the Criminal Register within the prescribed period (must not be older than 3 months) - if the integrity is assessed by a State authority, he/she may request an extract from the Criminal Register himself/herself. A foreign national shall also submit a similar document to the State of which the foreign national is a national if he/she has resided there for a continuous period of more than 6 months after reaching the age of 15 years, as well as to the State in which the foreign national has resided for a continuous period of more than 6 months in the last 10 years, or an extract from the Criminal Register with an annex containing information entered in the criminal records of such State. If the foreign state does not issue a document similar to an extract from the criminal record, the foreigner proves the condition of good repute by a solemn declaration (documents may not be older than 3 months)
- return the notification to the person who issued the notification when it ceased to be valid by giving written notice that the natural person no longer fulfils the condition of legal capacity or good repute; and within 15 days from the date of delivery of this notification,
- return the notification to the person who issued the notification when it ceased to be valid by notification in writing that the natural person has not complied with the obligation to submit, within the prescribed period, an extract from the Criminal Register, in the case of a foreign national, a similar document of the State of which the foreign national is a national, if he/she has resided there for a continuous period of more than 6 months after reaching the age of 15, as well as of the State in which the foreign national has resided for a continuous period of more than 6 months in the last 10 years, or an extract from the Criminal Register with an annex containing information that is entered in the Criminal Register of that State. If the foreign state does not issue a document similar to an extract from the criminal record, the foreigner proves the condition of good repute by a solemn declaration, and a declaration of legal capacity, within 15 days from the date of delivery of this notification,
- return the notification to the person who issued it when the data (name, surname, nationality) are changed, within 30 days from the date of the change of data;
- return the notification to the person who issued it on termination of service or employment, membership or similar relationship, within 15 days from the date of such termination;
- return the notification to the so-called provider of classified information, in cases where a notification is issued by the Office, upon the establishment of a service relationship or an employment, member or similar relationship, within 15 days from the date of such establishment,
- return the notification to the person who issued it if the natural person has been issued with a natural person certificate or a security certificate within 30 days from the date of delivery of the natural person certificate or document.
Holder of a natural person (certificate) or natural person for foreign power (NATO certificate) at classification level CONFIDENTIAL, SECRET, TOP SECRET (Section 66(1), Section 57(11) of the Act) shall, in particular, be obliged to:
- surrender an authentic instrument to the person who issued it, if it has expired:
- within 15 days
- decisions revoking the validity of a certificate of a natural person (certificate as well as "NATO certificate"), filing an appeal against this decision does not have suspensive effect,
- reporting damage to a natural person’s certificate that entries in the natural person’s certificate are illegible or that the integrity of the certificate (certificate) has been breached;
- by reporting damage to the certificate that entries in the "NATO certificate" are illegible or its integrity has been violated ("NATO certificate"),
- if the certificate of a natural person has expired as a result of the establishment of the service relationship of a member of the intelligence service or the employment relationship of an employee assigned to the intelligence service, in the case of an authentic instrument issued by the Office (the certificate and the "NATO certificate" are returned to the Office),
- if the certificate of a natural person ceases to be valid upon termination of the service relationship of a member of an intelligence service or employment relationship of an employee assigned to an intelligence service, or on the date on which the natural person ceases to be a person referred to in Section 141(1) of the Act, in the case of a public document issued by an intelligence service or the Ministry of the Interior (certificate and "NATO certificate"), the "NATO certificate" issued by the Office shall be returned to the Office,
- the date of delivery of the new certificate of a natural person (certificate and "NATO certificate"),
- notify without delay the loss, theft or damage of a natural person's certificate or 'NATO Certificate'; (This obligation is also laid down in the course of the proceedings). notify without delay changes to the data in the questionnaire of the natural person (exhaustive list) – More information on reporting changes –
here) a fine of up to CZK 50,000 may be imposed.In connection with compliance with the obligations laid down by law, it is appropriate, in relation to the above-mentioned obligations, to point out that in the event of a breach of certain obligations, such conduct may be classified as an offence. For such an offense (
Sections 148, 150, 151 of the Act ): A natural person who needs to have access toclassified informationafter the expiry of the validity of an existing certificate of a natural person, is obliged to apply for the issue of a new certificate before the expiry of the validity of the existing certificate within a period of at least (
- in the case of a natural person at Confidential level, Section 94(3) of the Act
- for the certificate of a natural person at the level of classification Secret, 3 months
- for the certificate of a natural person at classification level Top secret. 7 months
