OTHER QUESTIONS

What happens if I don’t have or don’t get a Personnel Security Clearance (PSC), will I loose my job?

Firstly, PSC is required only for the persons who have access to classified information. If handling of classified information has not been envisaged for your job, then you are not required to have a PSC and there’s no fear that you would loose your job on that grounds.

In case handling of classified information has been envisaged for your position, and your application for a relevant PSC has been rejected, according to the NATO and EU recommendations, as well as according to the established practices in the application of the regulation concerning classified information, there is a possibility for finding solution for that situation. Namely, in such a case the employer could move the employee to another position for which handling of classified information has not been envisaged or could select the duties that could enable the employee to do his/her job without requiring access to classified information.

Still, should there be no position in your working organization for which handling of classified information has not been envisaged, there is a possibility for you to loose your job.

I submitted a request for the national, NATO and EU security clearance certificates, but only the national certificate was handed over to me. Why NATO and EU security clearance certificates have not been given to me?

After issuing the security clearances, the Directorate for Security of Classified Information (DSCI) forwards the certificates to the security officer in the institution where the request had been submitted from. The security officer hands over to the person requesting the security clearance certificate only the certificate of the national security clearance (a plasticized card).

A certificate of the NATO or EU security clearance is issued and handed over to the person requesting the certificate only in the cases when the person needs to participate in the working sessions/activities of the NATO or EU bodies for which owning a relevant security clearance certificate is required. In that case, the security officer needs to submit a request to the DSCI for issuing a certificate of the NATO or EU security clearance. The request should include the information on the date or the duration, the title and the venue of the activity and a photocopy of a valid passport attached.

I am a student in the final year of the Faculty of Security (I have only one exam until graduation) and it will be my great honour if I could get a job in your Directorate. Is there a possibility for that and which is the employment procedure? Maybe this way is very direct, but I don’t have another idea how to reach my wished goal. Thank you.

Thank you very much for the expressed interest to work in our Directorate.

Concerning the employment procedure please be informed that employment in the Directorate for Security of Classified Information (DSCI) is accomplished through a public employment announcement after previously received consent by the Ministry of Finances. Since we do not have such consent, we regretfully inform you that there is no possibility for the time being for a new employment at the DSCI.

How can a security clearance certificate be received for getting a job for which such a certificate is required through an employment announcement of the Civil Servants Agency?

The receiving of a Personnel Security Clearance (PSC) is regulated by the Law on Classified Information (“Official Gazette of the Republic of Macedonia”, no. 9/04 dated 27 February 2004), Articles 35-39. Namely, a PSC is granted for accomplishing tasks in the state organs and institutions. When it is a question of an employment through an employment announcement of the Civil Servants Agency for a job position for which a PSC is required, after having done the closest selection of the candidates, the Civil Servants Agency informs the institution which is to receive the new employee about that. Then, that institution submits a request to the Directorate for Security of Classified Information (DSCI) for initial operational vetting of those candidates and the DSCI initiates the relevant procedure. After receiving the initial findings, the DSCI informs the institution about the candidates who have entered in the closest selection. After having made the final choice, the institution informs the DSCI on the necessity to complete the operational vetting procedure and then issue the relevant PSC for the candidate who has been given the job.

The initial operational vetting procedure starts by filling in the relevant Security Questionnaire.

Does the Directorate for Security of Classified Information has competencies to react in the case when someone’s Facebook profile or an e-mail account has been hacked?

The Directorate for Security of Classified Information (DSCI) has no competencies to react in such cases because the intrusion into a Facebook profile or an e-mail account does not represent a violation of the Law on Classified Information.

The consequences of the blockade of the profile or the e-mail account should be reported to the Ministry of Interior - Unit for Computer Crime Defence which functions within the Centre for Fight against Organized and Serious Crime.

How do the state organs react when they receive classified information (CI): from the doorman to the recipient of the CI (how is it archived, who does that, in how many copies, how the CI is distributed etc.)?
When the classified document reaches the addressee, for e.g. a state official (president of the assembly, minister or similar) how does he/she handle it, does he/she signs against its receipt, what does he/she do after he/she has received it, what does he/she do after his/her need for the document has ceased, how does he/she archive it, who does he/she give the document to for safekeeping, does the document stay in his/her office and what’s his/her responsibility in that case – is the document available to him/her for ever or only while his/her Personnel Security Certificate (PSC) is valid?

The classified information (CI) is handled in line with the Decree on Working in the Office which is valid for all legal entities in the Republic of Macedonia concerning the receipt, recording of information, etc. Additionally, the Decree on Administrative Security of Classified Information (“Official Gazette of the Republic of Macedonia, no. 82/2004) is applied. This means that CI is registered in a special log-book that includes a column where the classification level is noted, the CI is distributed to the users through a dispatch book and it is packed in opaque envelope, the CI is distributed only to the individuals who need the CI in order to accomplish their task and who have a PSC appropriate to the classification level of the information. The couriers who transport the CI and the people working in the archives are also required to have relevant PSCs. Each copy of the CI must be registered and enumerated according to the required number of users and as such it is registered in the dispatch book. Each user of CI must sign in the dispatch book against receipt of the copy. After the task related to the CI is completed, the user may return it to the archive and he/she signs in the book to attest the return of the copy, or he/she can keep the document in his/her office if the conditions for its safekeeping have been met in line with the Law on Classified Information for that level of CI. In any case, if the user takes up another job in the same or another organ or out of the institution, all CI must be returned to the archive where he/she has received the CI from.

Is it possible for the document not to be registered anywhere and to stay in the hands of the state official?

Concerning the registering, any classified information, created in the organs or the institutions, or in the other public and private entities, or that has been received by any of them, is subject to the provisions of the Decree on Working in the Office and the Decree on Administrative Security of Classified Information. As a result, any violation of those provisions imposes legal consequences.

How are the classified documents protected, who checks whether they are safeguarded appropriately, whether they are archived and what are the punishments for violating such provisions? Have there been any such cases? Is the Macedonian system for protection of classified documents good, i.e. where does it stand in comparison to the other systems (EU and NATO standards)?

Classified information (CI) is protected by implementing certain security measures in the field of administrative, physical, personnel, information and industrial security of CI stipulated in Articles 25-29 of the Law on Classified Information (LCI) and described in more details in the respective decrees on administrative, physical, personnel, information and industrial security of CI. According to the LCI each legal entity which safeguards or handles CI has to appoint a Security Officer (SO) will ensure security measures to be applied and is a point of contact with the Directorate for Security of Classified Information (DSCI). In case of breach of the LCI provisions, the SO informs the DSCI without delay so that it could act in line with the LCI and the respective decrees. In line with its competencies the DSCI takes up the envisaged measures that are to be taken in case of the breach of LCI provisions and then the CI Security Inspectors get engaged, i.e. the Commission on deciding upon security breaches gets involved. In case of determined breach of the legal provisions and depending on the degree of the possible damage incurred by that breach sanctions may also be applied that are envisaged with the Law on Amendment and Supplement to the Law on Classified Information (“Official Gazette of the Republic of Macedonia”, no. 113/07). The Macedonian LCI and the by-laws contain provisions on security standards, criteria and measures that correspond to the ones applied in the EU and NATO. A confirmation to this are the signed agreements on exchange and mutual protection of CI between the Republic of Macedonia and NATO and between the Republic of Macedonia and the EU through it is confirmed that the Republic of Macedonia envisages the same level and the same protection for the released foreign CI as the ones envisaged for the national CI. The DSCI has taken actions in cases involving breach of the LCI provisions, but due to the sensitivity of the procedure, the results from these cases have been made known only to the leading authorities in the organs and the institutions, the SO in them and the individuals who have committed the breach of the LCI provisions, which is in line with the EU and NATO standards that prescribe discreteness in handling such cases.

Will you take concrete measures concerning the case with the released document – marked as Top Secret, dated 2005? (This is in reference to the document released to public in the TV show X/O on Cannel 5 TV – note of the DSCI)

Concrete measures have been taken immediately which include passing appropriate Decisions that have been handed over to the subject who have been confirmed to be involved in the breach of the LCI provisions and who have acted upon them.

Could you please give me a short answer to the question what is Top Secret?

1. According to Article 8 paragraph 1 of the Law on Classified Information (“Official Gazette of the Republic of Macedonia”, no. 9/04),
The information classified TOP SECRET shall be the information the unauthorized disclosure of which would put in jeopardy and cause irreparable damage to the permanent interests of the Republic of Macedonia.

2. According to Article 2 of the Decree on Administrative Security of Classified Information (“Official Gazette of the Republic of Macedonia, no. 82/2004):

The “TS” classification level shall be assigned only to the information or materials the unauthorized disclosure or use of which would damage the permanent interests of the Republic, such as:
- to threaten directly the constitutional order, independency and territorial integrity of the Republic;
- to threaten directly the internal stability of the Republic;
- to lead to massive loss of human lives;
- to cause irreparable damages to the operative efficiency or security of the Republic or to the efficiency of particularly valuable defence, security or intelligence related operations or to operations conducted to handle unconventional threats, especially terrorism;
- to cause irreparable damages to the basic freedoms and rights of the man and the citizen, the democracy and rule of law;
- to cause irreparable damages to the development and progress of the economy in the Republic, to the protection of property, freedom of markets and entrepreneurship, humanism, social justice and solidarity;
- to cause irreparable damages to the protection and development of the living environment of the Republic;
- to inflict severe and long consequences to the promotion and development of the local self-government in the Republic; and
- to impose a direct threat against the achievement of the aims of the international politics of the Republic or to cause irreparable damages to the international relations of the Republic or to the relations of a foreign country or an international organization with the Republic of Macedonia.

Does the marketing and advertising agency “Republika” have a Security Clearance Certificate? The context in which we ask this is the following – we addressed the government with a question about the cost of the advertisement on tourism and we received the answer that it was information classified as “Restricted” and that due to that fact they could not give us the required answer. If that is really the fact, does in that case the agency which provides the services and has the respective information also needs to have a relevant certificate?

According to Article 2 of the Rule Book on the contents, form and manner of registering the issued security clearances, completed security questionnaires and the issued permits for access to classified information, all records in the recording books are classified information with the level “Restricted”.
In fact, the data in the security questionnaire given by the individual or the legal entity who applies for the security certificate, as well as the database itself which contains these data and the data on the issuing or declining to issue a security clearance certificate represent classified information, i.e. they are not public information.
Concerning the second part of your question, the security clearance certificate is issued to persons who need to handle classified information and the classification level of the certificate should commensurate to classification level of the information that is handled with.

Does an information on the cost of an advertisement of the government intended for TV, radio stations and newspapers on tourism may be a classified information which threatens the security, territorial integrity, constitutional order etc.?

We wish to point that the protection of the contents of the information is a right of the originator of the information which means that only the originator can decide whether to classify the information or to declassify it. The assessment of the need to protect the contents of the information is made by the originator in a procedure according to the Articles 11, 12, 13, 14 and 17 of the Law on Classified Information (“Official Gazette of the Republic of Macedonia”, no. 9/04) and Article 3 of the Decree on Administrative Security of Classified Information (“Official Gazette of the Republic of Macedonia, no. 82/2004). In case the originator of the information as a legal entity does not exist anymore, the same right is transferred to its legal successor.

Since some things are not crystal clear to me, I would like to ask you for an additional explanation. You say, I quote, “We wish to point that the protection of the contents of the information is a right of the originator of the information which means that only the originator can decide whether to classify the information or to declassify it”. It is certainly right, but I would like to know which are the criteria according to which it is assessed that certain information is sensitive for the security of the state, the territorial integrity, the constitutional order, the work of the secret services etc. (as it is in fact written in the law about that what represents secret information), and which interests me the most, IS THERE ANY MECHANISM IN PLACE WHICH MAY DETERMINE WHETHER THAT LEGAL RIGHT IS MISUSED BY THE INSTITUTIONS IN ORDER TO HIDE INFORMATION THAT SHOULD BE MADE PUBLICLY AVAILABLE? And, if that is so, which is that mechanism?
A ask these questions because I sincerely doubt that an information about the price list of an advertising campaign on tourism that has been on air in many media in prime time in the country, launched upon a request of a state institution, could represent any threat against the state, the constitutional order etc. So, my indication is that it is a misuse of the right to classify information for lucrative goals and hence, I think that you should answer to me which is that checking mechanism, but also a mechanism for protection from manipulations with the law, and which are my options as a journalist, but primarily, as a citizen to be able to check/confirm/denounce my suspicions that the information on the spending of the money of the citizens is hidden consciously, not in the name of the security, but in the name of someone’s interests.

The Law on Classified Information (LCI), as it is stipulated in its Article 1, is basically a law that regulates the classification of the information, conditions, criteria, measures and activities taken in its protection, the rights, obligations and responsibilities of the originators and the users of classified information, etc.
The right to determine the classification level the LCI has given exclusively to the originator and he classifies the information according to its contents. The allocation of the classification level is approved by an authorized person. The classification level “Restricted” is given only to the information or materials whose unauthorized disclosure could damage the work and the efficiency of the organs of the Republic of Macedonia. The damage on the work and the efficiency may be in different areas which are listed in Article 2 of the Decree on Administrative Security of Classified Information (“Official Gazette of the Republic of Macedonia, no. 82/2004).
The suggestion on the classification level is given in writing with justification by the immediate originator of the information, as stipulated in Article 3 of the Decree on Administrative Security of Classified Information. The immediate originator is an employee tasked to generate classified information. His suggestion on the classification level is assessed by his superior and that is done in line with the internal acts (rule books, guidelines, etc.) that regulate the classification of the information in the respective legal entity (state organ, institution, private company). Furthermore, the originator of the information is the one who states the date i.e. the period of time after which the contents of that information could be reclassified or declassified (Article 4 of the Decree on Administrative Security of Classified Information).
The Directorate for Security of Classified Information (DSCI) receives, mostly from the state organs as well as from other legal entities, requests for opinion on the prepared internal acts on protection of classified information when those organs ask for assistance, but there is no legal obligation for the state organs to ask for opinion from the DSCI on the internal acts regulating this matter. Also, the DSCI, upon requests on other, above mentioned legal entities, participate in the preparation of internal acts on protection of classified information, and then for each act concerning the work of that legal entity, the DSCI and the legal entity together assess the need for classification and the classification level. In such cases when there are internal acts in the legal entities, the provisions of the LCI and the by-laws are fully observed.
The Article 20 of the LCI also envisages the provision according to which: “Information that has been given a level of classification shall not be considered as classified information if it is concealing a criminal activity, an overstepping or misuse of official function or any other illicit act or action.”