US embassy cable - 04BRATISLAVA258

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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