In order to understand the issue of industrial security, we must first define what the term “industrial security” means. The National Security Authority (hereinafter “NSA”) defines industrial security as the set of measures and conditions for the protection of classified information.
Classified information is defined as any significant item (a data storage medium, product, or device) or piece of information (the content of a document, record, or media, or oral statement) that must be protected against unauthorized manipulation, reproduction, damage, loss, misuse, or disclosure. Classified information applies to a business entity if it is the creator of such information or if it has been transferred to the entity, all based on a contract with the state. Pursuant to Act No. 215/2004 Coll. on the Protection of Classified Information, as amended, the state authority that transfers classified information is authorized to inspect compliance with its protection by the entrepreneur to whom the classified information was transferred.
Classified information is categorized by classification level as follows:
- restricted,
- confidential,
- secret,
- top secret.
Who is the industrial security service intended for?
The industrial security service is provided to businesses, which may be legal entities or natural persons—sole proprietors—who, in accordance with Act No. 215/2004 Coll. on the Protection of Classified Information, as amended, and Decree of the National Security Authority No. 301/2013 Coll. need to obtain an industrial security clearance for a specific classification level if they intend to provide services to state administration bodies, in the course of which they will be required to handle classified information, trade in military equipment, or conduct aerial photography. Whether an entrepreneur meets the conditions for the issuance of an industrial security clearance is determined by the Office on the basis of a security clearance.
Security Clearance
As stated by the National Security Authority (NBÚ), security clearances serve as a tool for identifying, analyzing, and evaluating potential security risks associated with the entity being vetted. The purpose of security clearances is to ensure that only persons who can guarantee their protection gain access to classified information. Such security clearances are conducted by the NSA. As with classified information, security clearances are classified into four levels:
Level I – Restricted
Level II – Confidential
Level III – Secret
Level IV – Top Secret
Conditions for Issuing an Industrial Security Clearance to a Business Entity
In order for a business entity to be issued an industrial security clearance, it must meet the following criteria:
- the entrepreneur’s ability to ensure the protection of classified information,
- the entrepreneur’s financial stability, i.e., the entrepreneur is not in liquidation, no bankruptcy has been declared on their assets, no settlement has been authorized regarding their assets, they fulfill their financial obligations to the state, and they fulfill their financial obligations to other legal entities or individuals,
- the entrepreneur is security-reliable, i.e., no security risk has been identified in relation to them,
- the entrepreneur’s good character.
Issuance of an Industrial Security Clearance
As stipulated by Act No. 215/2004 Coll. on the Protection of Classified Information, as amended, if a security clearance demonstrates that the entrepreneur meets the conditions, they will receive an industrial security clearance from the National Security Authority (NBÚ). The Office maintains a list of entrepreneurs to whom an industrial security clearance has been issued, as well as a list of entrepreneurs whose industrial security clearance has expired.
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