Identifier
Created
Classification
Origin
04BRATISLAVA258
2004-03-19 05:54:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bratislava
Cable title:  

NEW LAW ON PROTECTION OF CLASSIFIED INFORMATION

Tags:  PGOV PREL PINR LO 
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UNCLAS BRATISLAVA 000258 

SIPDIS


SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL PINR LO
SUBJECT: 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

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