Act No 412/2005 on the protection of classified information and security capacity, as amended (‘the Act’), does not specify whether and what documents are required to be retained in order to fulfil the obligation under Section 67(1)(c) of the Act. In the last sentence of Section 9(1) of the Act, it is only the duty of the person responsible to deposit one copy of the instruction.

The National Security Authority may, in the context of an inspection or administrative procedure, determine whether a natural person has had authorised access to classified information classified at the level reserved on the basis of notices and instructions, and whether verification of compliance with the conditions for issuing notices pursuant to Section 6 of the Act has taken place. The retention of information, a copy of the notification, an extract from the Criminal Register and a declaration of legal capacity by a natural person arises from the need to prove, where appropriate, the legitimacy of access to classified information.

With regard to Section 32(3) of Act No 250/2016 on liability for offences and proceedings relating thereto, which stipulates that liability for an offence ceases no later than 5 years after it has been committed, the National Security Authority considers it justified to set a time limit of at least 5 years from the date of expiry of the notification for the above-mentioned documents, taking into account any taking of evidence.