PERSONAL SECURITY

PERSONAL SECURITYPERSONAL SECURITY

Personal security contains:Personal security contains:

• issuing of permission to access national and Nato / EU classified issuing of permission to access national and Nato / EU classified information up to:information up to:

– CONFIDENTIALCONFIDENTIAL– SECRETSECRET– TOP SECRETTOP SECRET

• access to and protection of national and Nato / EU classified access to and protection of national and Nato / EU classified informationinformation

classified information = CIclassified information = CI

ISSUING OF PERMISSION TO ISSUING OF PERMISSION TO ACCESS NATIONAL ACCESS NATIONAL

CLASSIFIED INFORMATIONCLASSIFIED INFORMATION

COMPETENT AUTHORITIES IN THE VETTING COMPETENT AUTHORITIES IN THE VETTING PROCEDURE OF A PERSONPROCEDURE OF A PERSON

• Ministry of Defence (MoD) for MoD employeesMinistry of Defence (MoD) for MoD employees

• Slovene Intelligence and Security Agency (SISA) for SISA employeesSlovene Intelligence and Security Agency (SISA) for SISA employees

• Ministry of Interior (MI):Ministry of Interior (MI):– for MI employeesfor MI employees– for all other bodies and agencies (exept MoD and SISA)for all other bodies and agencies (exept MoD and SISA)

for defence duties or military service is the competent authorityfor defence duties or military service is the competent authority MoD MoD

THE COMPETENT AUTHORITY SHALL:THE COMPETENT AUTHORITY SHALL:

• issue permission to access CIissue permission to access CI

• decide on request for permission no later than decide on request for permission no later than 3 months3 months after the after the day a completed application is received:day a completed application is received:– this time period may be extended if the competent authority has this time period may be extended if the competent authority has

not yet received the vetting procedure data from bodies of not yet received the vetting procedure data from bodies of foreign countriesforeign countries

Notification of permission shall be forwarded to the Government Notification of permission shall be forwarded to the Government Office for the Protection of Classified Information (Slovenian Office for the Protection of Classified Information (Slovenian NSANSA).).

VETTING PROCEDURE FOR VETTING PROCEDURE FOR PERSONSPERSONS

LEVELS OF VETTING PROCEDURE:LEVELS OF VETTING PROCEDURE:

• basic vetting procedure – CONFIDENTIALbasic vetting procedure – CONFIDENTIAL

• extended vetting procedure – SECRETextended vetting procedure – SECRET

• extended vetting procedure with security inquiry – TOP extended vetting procedure with security inquiry – TOP SECRETSECRET

PROPOSERS OF THE VETTING PROCEDUREPROPOSERS OF THE VETTING PROCEDURE

• the director of an agencythe director of an agency for persons who will need the permission for persons who will need the permission for the performance of tasks at that agency and for persons for the performance of tasks at that agency and for persons employed in organisations which will work for that agency employed in organisations which will work for that agency

• the minister responsible for the economythe minister responsible for the economy for persons employed in for persons employed in organisations that will need permission to access classified organisations that will need permission to access classified information in order to implement public or other procurement information in order to implement public or other procurement contracts within the framework of which they wil need access to contracts within the framework of which they wil need access to Nato / EU CINato / EU CI

• director of the NSA director of the NSA for other cases for other cases

VETTING PROCEDURE FOR THE ISSUANCE OF VETTING PROCEDURE FOR THE ISSUANCE OF PERMISSION TO ACCESS CI SHALL BE PERMISSION TO ACCESS CI SHALL BE

INITIATED:INITIATED:

• on the basis of a on the basis of a written proposalwritten proposal from the proposer for a from the proposer for a person who needs to undergo the vetting procedureperson who needs to undergo the vetting procedure

• the written proposal must contain following data:the written proposal must contain following data:– name of the person to be vettedname of the person to be vetted– date of birth of the person to be vetteddate of birth of the person to be vetted– level of classification for which the proposal to issue level of classification for which the proposal to issue

permission has been givenpermission has been given

THE PROPOSER SHALL ANNEX TO THE THE PROPOSER SHALL ANNEX TO THE PROPOSAL:PROPOSAL:

• the the written consentwritten consent of the person undergoing the vetting of the person undergoing the vetting procedureprocedure

• proof of trainingproof of training passed in the field of handling CI passed in the field of handling CI

• a a written statementwritten statement certifying that the person is acquainted with certifying that the person is acquainted with Classified Information Act and regulations based thereonClassified Information Act and regulations based thereon

• a sealed envelope with the a sealed envelope with the security questionnairesecurity questionnaire filled in by the filled in by the person undergoing the vetting procedure person undergoing the vetting procedure

SECURITY QUESTIONNAIRESSECURITY QUESTIONNAIRES

• basic questionnaire – confidential, secret, top secret levelsbasic questionnaire – confidential, secret, top secret levels

• special questionnaire - secret, top secret levelsspecial questionnaire - secret, top secret levels

• additional questionnaire - top secret leveladditional questionnaire - top secret level

Legal basis:Legal basis: 1. Classified Information Act (CIA)1. Classified Information Act (CIA) 2. Decree on vetting and issue of security clearance 2. Decree on vetting and issue of security clearance certificatescertificates

THE BASIC QUESTIONNAIRE CONTAINS THE THE BASIC QUESTIONNAIRE CONTAINS THE FOLLOWING DATAFOLLOWING DATA

• name, including any previous namesname, including any previous names• personal identification numberpersonal identification number• date and place of birthdate and place of birth• nationality or nationalities, including any previous nationality or nationalities, including any previous

nationalitiesnationalities• place of residence (permanent, temporary and actual)place of residence (permanent, temporary and actual)• stays abroad, if lasting 3 months or longer (place, period stays abroad, if lasting 3 months or longer (place, period

and reason for the stay abroad)and reason for the stay abroad)• marital status and number of childrenmarital status and number of children• occupation and job performedoccupation and job performed• military servicemilitary service

• study and participation in seminars or other forms of training and study and participation in seminars or other forms of training and education abroad, if lasting 3 months or longer (place and period)education abroad, if lasting 3 months or longer (place and period)

• employers (present and past) and their addressesemployers (present and past) and their addresses

• unerased final convictions for criminal offences prosecuted ex officio, unerased final convictions for criminal offences prosecuted ex officio, and data on offences dealt with by violation authorities or courtsand data on offences dealt with by violation authorities or courts

• ongoing criminal proceedingsongoing criminal proceedings

• alcohol, drug or other addictionalcohol, drug or other addiction

• disease or mental disturbance that might threaten safe treatment of disease or mental disturbance that might threaten safe treatment of classified informationclassified information

• contacts with foreign intelligence and security servicescontacts with foreign intelligence and security services

• membership or participation in organisations or groups which membership or participation in organisations or groups which threaten the vital interests of the Republic of Slovenia (RS) or threaten the vital interests of the Republic of Slovenia (RS) or member states of political, defence or security alliances of member states of political, defence or security alliances of which the RS is a memberwhich the RS is a member

• disciplinary measures pronounceddisciplinary measures pronounced

• previous vetting procedures according to the present CIAprevious vetting procedures according to the present CIA

THE SPECIAL QUESTIONNAIRE CONTAINSTHE SPECIAL QUESTIONNAIRE CONTAINS

• participation in foreign armed forces or other armed participation in foreign armed forces or other armed formationsformations

• financial obligations and guarantees undertaken, with a financial obligations and guarantees undertaken, with a description of the type (loans, mortgages, maintenance), the description of the type (loans, mortgages, maintenance), the scope of financial obligations, reasons for the debt, creditors scope of financial obligations, reasons for the debt, creditors and a statement of total income earned in the last year, and a statement of total income earned in the last year, including data on real estate ownership and dataon average including data on real estate ownership and dataon average personal income in the last 3 months prior to filling in the personal income in the last 3 months prior to filling in the questionnairequestionnaire

• tax numbertax number• particulars and circumstances in the life of the person particulars and circumstances in the life of the person

undergoing the vetting procedure, which may be associated undergoing the vetting procedure, which may be associated with exposure to blackmailing or other forms of pressurewith exposure to blackmailing or other forms of pressure

ADDITIONAL QUESTIONNAIREADDITIONAL QUESTIONNAIRE(2 parts)(2 parts)

• the the first partfirst part contains: contains:– names and the addresses (permanent, temporary or actual) of names and the addresses (permanent, temporary or actual) of

3 persons who can confirm the statements in the 3 persons who can confirm the statements in the questionnairesquestionnaires

• the the second partsecond part contains: contains:– information (name, date and place of birth, address of information (name, date and place of birth, address of

permanent, temporary and actual residence) on the spouse or permanent, temporary and actual residence) on the spouse or cohabiting unmarried partner or any other adult person cohabiting unmarried partner or any other adult person cohabiting with the person undergoing the vetting procedurecohabiting with the person undergoing the vetting procedure

AFTER HAVING CARRIED OUT THE VETTING AFTER HAVING CARRIED OUT THE VETTING PROCEDUREPROCEDURE

the competent authority shall issue permission to access CI:the competent authority shall issue permission to access CI:

– at the CONFIDENTIAL level with a validity of at the CONFIDENTIAL level with a validity of 10 years10 years

– at the SECRET and TOP SECRET levels with a validity of at the SECRET and TOP SECRET levels with a validity of 5 years5 years

when security restrictions for the issuing of permission to when security restrictions for the issuing of permission to access CI have been established (by the competent authority), access CI have been established (by the competent authority), then the issuing of permission to access CI may be deniedthen the issuing of permission to access CI may be denied

SECURITY RESTRICTIONS:SECURITY RESTRICTIONS:

such findings from a background investigation (vetting such findings from a background investigation (vetting procedure) that cast doubt on the dependability and loyalty of procedure) that cast doubt on the dependability and loyalty of a potential candidate for permission to access CIa potential candidate for permission to access CI

SECURITY RESTRICTIONSSECURITY RESTRICTIONS for which the issuance of for which the issuance of permission to access CI may be denied shall include:permission to access CI may be denied shall include:

• false statements of the person undergoing the vetting false statements of the person undergoing the vetting procedure in the security questionnaireprocedure in the security questionnaire

• alcohol, drug or other addictionalcohol, drug or other addiction• a final disciplinary measure for a serious infringement relating a final disciplinary measure for a serious infringement relating

to the treatment and protection of CIto the treatment and protection of CI• an unerased final conviction of unconditional imprisonment of an unerased final conviction of unconditional imprisonment of

at least 3 months for offences prosecuted ex officioat least 3 months for offences prosecuted ex officio• membership or participation in organisations which threaten membership or participation in organisations which threaten

the vital interests of the RS or the member states of political, the vital interests of the RS or the member states of political, defence or security alliances, of which the RS is also a defence or security alliances, of which the RS is also a member member ETC.ETC.

INTERMEDIATE VETTING PROCEDUREINTERMEDIATE VETTING PROCEDURE

• If a security restriction is anticipated with regard to a person having permission If a security restriction is anticipated with regard to a person having permission to access CI, an intermediate vetting procedure shall be carried out. If it to access CI, an intermediate vetting procedure shall be carried out. If it confirms the necessity of a security restriction, permission shall be revoked.confirms the necessity of a security restriction, permission shall be revoked.

• The intermediate vetting procedure shall also apply to a person:The intermediate vetting procedure shall also apply to a person:– prior to the performance of tasks pertaining to the position requiring access prior to the performance of tasks pertaining to the position requiring access

to CI, if more than to CI, if more than 1212 monthsmonths have elapsed from the issuance of have elapsed from the issuance of permission for taking up the performance of tasks pertaining to that permission for taking up the performance of tasks pertaining to that positionposition

– prior to further performance of tasks pertaining to the position requiring prior to further performance of tasks pertaining to the position requiring access to classified information, if the person has not performed the tasks access to classified information, if the person has not performed the tasks pertaining to the position at the agency for more than 12 months during the pertaining to the position at the agency for more than 12 months during the period of validity of the permissionperiod of validity of the permission

CONFIRMATION OF THE VALIDITY OF PERMISSIONCONFIRMATION OF THE VALIDITY OF PERMISSION

ROLE OF THE NSA IN THE VETTING ROLE OF THE NSA IN THE VETTING PROCEDUREPROCEDURE

• to coordinate activities of government bodies responsible for the to coordinate activities of government bodies responsible for the vetting procedurevetting procedure

• to keep the following records:to keep the following records:

– record of issued permissions to access national CIrecord of issued permissions to access national CI– record of issued permissions to access Nato / EU CIrecord of issued permissions to access Nato / EU CI

• to propose the vetting procedureto propose the vetting procedure

• to issue/revoke permissions to access Nato / EU CIto issue/revoke permissions to access Nato / EU CI

PERMISSION TO ACCESS PERMISSION TO ACCESS NATO / EU CLASSIFIED NATO / EU CLASSIFIED

INFORMATIONINFORMATION

THE NSA SHALL ISSUE PERMISSION TO NATURAL THE NSA SHALL ISSUE PERMISSION TO NATURAL PERSONS FOR ACCESS TO NATO / EU CIPERSONS FOR ACCESS TO NATO / EU CI

• on the basis of a written proposal from the proposeron the basis of a written proposal from the proposer

• if the person is in possession of valid permission to access if the person is in possession of valid permission to access national CInational CI

• if the person exercises functions or tasks in a position for if the person exercises functions or tasks in a position for which permission to access Nato / EU CI has been requiredwhich permission to access Nato / EU CI has been required

• permission shall be issued for a period of validity during which permission shall be issued for a period of validity during which the person needs access to Nato / EU CI – it shall not exceed the person needs access to Nato / EU CI – it shall not exceed the period of validity of permission to access national CIthe period of validity of permission to access national CI

PROPOSAL TO ISSUE PERMISSION TO ACCESS PROPOSAL TO ISSUE PERMISSION TO ACCESS NATO / EU CINATO / EU CI

the written proposal shall contain:the written proposal shall contain:– name, date and place of birth of the person for whom the name, date and place of birth of the person for whom the

issuance of permission to access Nato / EU CI is proposedissuance of permission to access Nato / EU CI is proposed– foreign country or international organisation in which the foreign country or international organisation in which the

person is to have access to the CI (Nato or EU)person is to have access to the CI (Nato or EU)– level of classificationlevel of classification– specified working postspecified working post

the proposer shall annex to the proposal:the proposer shall annex to the proposal:– a statement of having knowledge of regulations CI a statement of having knowledge of regulations CI – a request for access to Nato / EU CIa request for access to Nato / EU CI

ACCESS TO AND PROTECTION ACCESS TO AND PROTECTION OF NATIONAL AND NATO / EU OF NATIONAL AND NATO / EU CLASSIFIED INFORMATIONCLASSIFIED INFORMATION

ACCESS TO NATIONAL INFORMATION CLASSIFIED AT ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE THE RESTRICTEDRESTRICTED LEVEL LEVEL

• permission is not necessarypermission is not necessary

• every person who fulfils his / her function or works at the every person who fulfils his / her function or works at the agencyagency

• a signed statement that the person is acquainted with the a signed statement that the person is acquainted with the CIA and other regulations governing the protection of CICIA and other regulations governing the protection of CI

• need-to-know basisneed-to-know basis

ACCESS TO NATIONAL INFORMATION CLASSIFIED AT ACCESS TO NATIONAL INFORMATION CLASSIFIED AT THE THE CONFIDENTIALCONFIDENTIAL LEVEL AND LEVEL AND ABOVEABOVE

• specified working postspecified working post


• valid permission to access CIvalid permission to access CI

EXCEPTIONSEXCEPTIONS

the following persons may, in connection with the discharge of their functions, have the following persons may, in connection with the discharge of their functions, have access to CI access to CI without permissionwithout permission::

- President of the RepublicPresident of the Republic- Prime MinisterPrime Minister- members of Parliamentmembers of Parliament- JudgesJudges- State adviserState advisermayor and municipal advisermayor and municipal adviser- ombudsman and deputy ombudsmanombudsman and deputy ombudsman- governor, deputy governor and vice governor of the Central Bankgovernor, deputy governor and vice governor of the Central Bank- member of the Court of auditorsmember of the Court of auditors- Public ProsecutorPublic Prosecutor- State Attorney General State Attorney General - commissioner for access to public informationcommissioner for access to public information- ministers and heads of Government services directly answerable to the ministers and heads of Government services directly answerable to the

Prime Minister Prime Minister - Commission of the National Assembly of the RS for Supervision of the Commission of the National Assembly of the RS for Supervision of the

Work of the Security and Intelligence ServicesWork of the Security and Intelligence Services

ACCESS TO NATO / EU INFORMATION CLASSIFIED AT ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE THE RESTRICTEDRESTRICTED LEVEL LEVEL

• permission is not necessarypermission is not necessary


• a signed statement that the person is acquainted with the CIA and a signed statement that the person is acquainted with the CIA and other regulations governing the protection of national classified other regulations governing the protection of national classified informationinformation

• a signed statement that the person knows the conditions and a signed statement that the person knows the conditions and consequences under Nato / EU security policyconsequences under Nato / EU security policy


ACCESS TO NATO / EU INFORMATION CLASSIFIED AT ACCESS TO NATO / EU INFORMATION CLASSIFIED AT THE THE CONFIDENTIALCONFIDENTIAL LEVEL AND LEVEL AND ABOVEABOVE


• a signed statement that the person knows the conditions and a signed statement that the person knows the conditions and consequences under Nato / EU security policyconsequences under Nato / EU security policy

• Request to access Nato / EU CIRequest to access Nato / EU CI


• valid permission to access national CIvalid permission to access national CI

on the basis of the above conditions the on the basis of the above conditions the NSANSA issues a permission to issues a permission to access Nato / EU CIaccess Nato / EU CI

REVOKE PERMISSION TO ACCESS NATO / EU CIREVOKE PERMISSION TO ACCESS NATO / EU CI

• if person holding a permission for access to Nato / EU CI has ceased if person holding a permission for access to Nato / EU CI has ceased to discharge functions or tasks requiring access to Nato / EU CI or to discharge functions or tasks requiring access to Nato / EU CI or his/her employment in the agency or organisation has been terminated, his/her employment in the agency or organisation has been terminated, the head of the agency or organisation must notify this to the NSA – the head of the agency or organisation must notify this to the NSA – this notification shall be considered a proposal to revoke a permission this notification shall be considered a proposal to revoke a permission by the proposerby the proposer

the notification must contain:the notification must contain:– namename– date and place of birthdate and place of birth– name of the international organisation or foreign country for the name of the international organisation or foreign country for the

CI of which the permission was issued (Nato or EU)CI of which the permission was issued (Nato or EU)– level of classificationlevel of classification– permission numberpermission number– reasons for revoking the permissionreasons for revoking the permission

EXCEPTIONSEXCEPTIONSexceptions for access to Nato CI:exceptions for access to Nato CI:

(they have access to Nato CI without permission) :(they have access to Nato CI without permission) :

– President of the RepublicPresident of the Republic– Prime MinisterPrime Minister– ministersministers– members of Parliamentmembers of Parliament– Judges Judges

asas is determined by national rules and regulationsis determined by national rules and regulations!!

exceptions for access to EU CI:exceptions for access to EU CI:

WITHOUT EXCEPTIONSWITHOUT EXCEPTIONS

Documents

PERSONAL SECURITY