NEW LAW ON PROTECTION OF CLASSIFIED INFORMATION

UNCLAS BRATISLAVA 000258 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV PREL PINR LO SUBJECT: NEW LAW ON PROTECTION OF CLASSIFIED INFORMATION ¶1. (SBU) SUMMARY. ON MARCH 11, THE SLOVAK PARLIAMENT APPROVED A NEW 48-PAGE LAW ON PROTECTION OF CLASSIFIED INFORMATION. 132 OUT OF 136 PRESENT DEPUTIES VOTED FOR THE BILL. WHILE THE NEW LAW REDUCES THE NUMBER OF PEOPLE EXEMPTED FROM SECURITY CLEARANCES, THE EXEMPTION OF ALL 150 MEMBERS OF PARLIAMENT AND 1200 JUDGES MAY STILL BE TOO BROAD TO MEET NATO REQUIREMENTS. THE LAW FURTHER CLARIFIES THE RESPONSIBILITIES OF THE VARIOUS SERVICES INVOLVED IN THE SECURITY CLEARANCE PROCESS. THE LAW ALSO SPECIFIES THE ROLE PARLIAMENT WILL HAVE IN SELECTING FUTURE DIRECTORS OF THE NATIONAL SECURITY OFFICE (NBU) AND CREATES AN APPEAL PROCESS FOR THOSE DENIED CLEARANCES. END SUMMARY. ¶2. (U) THE NBU CONTINUES TO BE THE PRIMARY OFFICE RESPONSIBLE FOR ENSURING THE SECURITY OF CLASSIFIED INFORMATION IN SLOVAKIA. THE NBU WILL ALSO GRANT SECURITY CLEARANCES TO MOST GOS EMPLOYEES WHO REQUIRE THEM. THE SLOVAK INFORMATION SERVICE (SIS),MILITARY INTELLIGENCE SERVICE (VOS),AND THE POLICE CORPS WILL BE RESPONSIBLE FOR GRANTING SECURITY CLEARANCES TO THEIR OWN EMPLOYEES, INCLUDING THOSE WHO WORK FOR THE MINISTRY OF DEFENSE. ¶3. (U) THE NEW LAW HAS REDUCED THE NUMBER OF PEOPLE EXEMPT FROM SECURITY CLEARANCES, BUT EXPERTS SAY IT IS STILL TOO HIGH AND MAY NOT MEET NATO REQUIREMENTS. PEOPLE WHO FILL THE FOLLOWING POSTS WILL HAVE ACCESS TO CLASSIFIED INFORMATION ON A NEED-TO-KNOW BASIS AND WILL NOT BE REQUIRED TO OBTAIN A SECURITY CLEARANCE: THE PRESIDENT, PRIME MINISTER AND JUSTICES OF THE CONSTITUTIONAL COURT (13),MEMBERS OF PARLIAMENT (150), CABINET MEMBERS (16),CHAIRMAN AND VICE-CHAIRMEN OF THE SUPREME AUDIT OFFICE, AND ALL JUDGES EXCEPT JUDGES OF THE SPECIAL COURT (APPROX. 1,200). THE PREVIOUS LAW ALSO EXEMPTED PROSECUTORS AND MAYORS; THEY WILL HAVE TO UNDERGO SECURITY SCREENING IN THE FUTURE. ¶4. (U) THE NEW LAW ALSO PROHIBITS ANYONE WHO WORKED FOR THE COMMUNIST-ERA SECRET POLICE (STB) ACCESS TO CLASSIFIED INFORMATION. INTERIOR MINISTER VLADIMIR PALKO TOLD PRESS, "THE LAW MARKS THE END OF THE LAST STAGE OF PURGING THE SECURITY FORCES OF FORMER MEMBERS OF THE COMMUNIST STB." THE LAW DOES PERMIT A PERSON WHO WORKED FOR THE STB, BUT NOW IS ONE OF THE EXCEPTIONS LISTED IN PARA 3, ACCESS TO CLASSIFIED INFORMATION. ¶5. (U) UNDER THE NEW LAW, THE CABINET WILL PROPOSE THE FUTURE NBU DIRECTOR AND PARLIAMENT WILL APPROVE THE PROPOSAL. THE NBU DIRECTOR WILL SERVE FOR A TERM OF SEVEN YEARS AND CANNOT SERVE MORE THAN TWO TERMS. THE NBU DIRECTOR CAN BE RECALLED UPON REQUEST OF 30 MPS OR THE GOVERNMENT. ¶6. (U) THE LAW PROVIDES FOR AN APPEAL PROCESS OF AN NBU DECISION. PARLIAMENT WILL ELECT AN ELEVEN-MEMBER APPEAL COMMITTEE THAT IS PROPORTIONALLY REPRESENTATIVE OF ALL PARTIES IN PARLIAMENT. ¶7. (SBU) COMMENT: THE NEW LAW IS A COMPROMISE, BUT IT DOES IMPROVE THE PREVIOUS LAW. IT WILL HELP ENSURE THAT GRANTING NATO CLEARANCES IS A MORE TRANSPARENT PROCESS. HOWEVER, THE INCLUSION OF EVERY MP AND JUDGE IN THE LIST OF "EXCEPTIONS" IS A MAJOR WEAKNESS. THE PRESIDENT NOW HAS 15 DAYS TO SIGN THE BILL INTO LAW OR RETURN IT TO PARLIAMENT. WE EXPECT THAT HE WILL SIGN THE LAW. WEISER NNNN