Protection of state secrets comprises a set of organizational and legal measures forming part of the national system for the protection of state secrets and concerning the methods and means used to protect information and physical information carriers classified as state secret, as well as actions undertaken in this field, including:
classification and declassification of information;
requirements imposed on public authorities, other legal entities and their personnel regarding the protection of state secrets;
procedures for access to state secrets;
drafting, registration, storage, processing, reproduction, use, transmission and destruction of information classified as state secret;
protection of state secrets through legal and procedural measures, physical protection measures, protection of information and telecommunications systems, as well as personnel security measures;
exercising oversight over measures concerning the protection of state secrets.
The protection of state secrets and the exercise of oversight aimed at ensuring the safeguarding of and preventing the leakage of information constituting state secrets and other information important to the state represent one of the core responsibilities of the Security and Intelligence Service of the Republic of Moldova, as specified in Law No. 753 of 23 December 1999 on the Security and Intelligence Service of the Republic of Moldova, Law No. 245 of 27 November 2008 on State Secrets, and Law No. 59 of 29 March 2012 on Special Investigative Activity.
The evolving risks and threats related to the leakage of state-protected information in the fields of national defence, the economy, science and technology, foreign relations, state security, law enforcement and the activities of public authorities — the unauthorized disclosure or loss of which may harm the interests and/or security of the Republic of Moldova — require an enhanced role for the Service, as a security provider, in organizing the national system for the protection of state secrets.
The Service plays a key role in preventing, minimizing and eliminating security risks in the field of state-secret protection through the early identification of threats and risks, the assessment of challenges and strategic opportunities, the application of effective technical means, and the provision of information to the competent authorities with a view to adopting the necessary decisions.
- Procedure for Access to State Secrets
Access to state secrets is permitted in accordance with the need-to-know principle for working with information classified as state secret (List of Positions).
Citizens’ access to state secrets is granted (or renewed) voluntarily under the conditions established by Law No. 245-XVI of 27 November 2008 on State Secrets and Government Decision No. 1176 of 22 December 2010.
Individuals provide written consent to the application of vetting measures by the competent authorities.
They undertake in writing to safeguard the state secrets entrusted to them.
They are familiarized, against signature, by the Protection Unit with the rules establishing liability for violations of legislation on state secrets.
For the purpose of obtaining the right of access to state secrets, citizens of the Republic of Moldova complete the Basic Questionnaire (Form No. 2 annexed to Government Decision No. 1176 of 22 December 2010) and submit two colour photographs measuring 4.5 × 6 cm.
To obtain the right of access to information classified as “Top Secret” and “Secret”, an Additional Questionnaire (Form No. 3 annexed to Government Decision No. 1176 of 22 December 2010) is completed together with the Basic Questionnaire.
All data provided by the citizen must be authentic. The Human Resources Unit verifies the information provided and endorses the questionnaires.
Any subsequent change to the data provided in the Basic (or Additional) Questionnaire must be reported without delay to the human resources unit or to the person responsible for personnel matters.
The Protection Unit within the public authority or other legal entity processing the right of access to state secrets verifies the presence or absence of the circumstances provided for in Article 25(1)(a), (d), (e) and (h) of Law No. 245-XVI of 27 November 2008 on State Secrets. For this purpose, the necessary supporting documents may be requested.
For the application of vetting measures, the public authority or other legal entity shall submit a reasoned request to the Security and Intelligence Service (Form No. 5 annexed to Government Decision No. 1176 of 22 December 2010) in order to initiate vetting measures concerning the presence or absence of the circumstances provided for in Article 25(1)(b), (c), (f), (g), (i), (j) and (k) of Law No. 245-XVI of 27 November 2008 on State Secrets.
The request shall be accompanied by the Basic Questionnaire, where applicable the Additional Questionnaire, and the List of Relatives and Close Persons, drawn up in accordance with the model in Form No. 6 (annexed to Government Decision No. 1176 of 22 December 2010), which includes: father, mother, brothers, sisters, children aged 16 or over, spouse, former spouse, cohabiting partner and siblings-in-law. The employee subject to vetting measures is entered in the first position on the List of Relatives and Close Persons.
The vetting procedure for granting access to state secrets is intended to identify security risks associated with the handling of classified information.
Vetting measures are to be carried out by the Security and Intelligence Service within one month from the date of receipt of the request from the public authority or other legal entity, the extent of such measures being directly proportional to the classification level of the information to which the individual will have access.
Based on the results of the vetting measures, the Security and Intelligence Service issues a conclusion on whether the citizen may or may not be granted the right of access to state secrets (Form No. 7 annexed to Government Decision No. 1176 of 22 December 2010).
Within five days of receiving the conclusion of the Security and Intelligence Service, the head of the public authority or other legal entity shall adopt a decision (order) granting the right of access to state secrets and shall issue the corresponding form of security clearance (Form No. 8 annexed to Government Decision No. 1176 of 22 December 2010), or shall refuse to grant the right of access to state secrets.
The decision shall specify: the form of access to state secrets, the period for which it is granted, the first name, surname and position of the citizen being granted the right of access to state secrets, and the amount of compensation established in connection with work requiring access to state secrets.
Immediately after receipt of a positive conclusion from the Security and Intelligence Service and before a decision is adopted on granting the right of access to state secrets, the citizen is familiarized, against signature, by the Protection Unit with the legal provisions on the protection of state secrets and the restriction of certain rights associated with access to state secrets, as well as with the rules establishing liability for violations of legislation on state secrets, and signs a confidentiality undertaking (Form No. 4 annexed to Government Decision No. 1176 of 22 December 2010).
The head of the Protection Unit shall ensure strict records of all citizens whose right of access to state secrets has been processed and of all security clearances issued, in the Register of Access to State Secrets (Form No. 11 annexed to Government Decision No. 1176 of 22 December 2010).
The Security and Intelligence Service shall be informed of the issuance of a security clearance for access to state secrets (Form No. 12 annexed to Government Decision No. 1176 of 22 December 2010). The notification letter shall be accompanied by the Record Sheet of the Person with Access to State Secrets (Form No. 13 annexed to Government Decision No. 1176 of 22 December 2010).
In exceptional cases caused by crises, disasters or unforeseeable events, the head of a public authority or other legal entity may grant temporary access to certain citizens who do not hold a security clearance, provided that an appropriate record-keeping system is ensured.
Citizens granted temporary access to information classified as state secret shall sign a confidentiality undertaking, and information concerning them shall be communicated to the Security and Intelligence Service as soon as possible so that vetting measures may be carried out in accordance with the established procedure.
The right of access to state secrets shall be renewed in the following cases:
expiry of the period for which the right was granted;
granting of another form of access to state secrets due to the need to work with information classified at a higher level.
When the same form of access is renewed due to expiry of its validity period, the previous security clearance shall be endorsed with a note extending its validity and indicating the new period.
The right of access to state secrets shall be suspended or terminated in accordance with Article 27 of Law No. 245-XVI of 27 November 2008 on State Secrets, by decision of the responsible official authorized to decide on granting such right. The security clearance shall be destroyed on the basis of an official record.
The period during which the right of access to state secrets is suspended does not extend the validity period of the security clearance.
The suspension, expiry and destruction of a security clearance shall be recorded in the Register of Access to State Secrets.
Any extension, suspension or termination of the validity of a security clearance for access to state secrets shall be communicated to the Security and Intelligence Service in the manner established in Form No. 12 (annexed to Government Decision No. 1176 of 22 December 2010).
- SIS Responsibilities in the Field of State Secrets
a) jointly with public administration authorities and the Interdepartmental Commission for the Protection of State Secrets, drafts and submits to the Government for approval draft regulatory acts in the field of state-secret protection;
b) provides specialized assistance to public authorities and other legal entities in organizing the protection of state secrets;
c) participates in developing and implementing measures for the protection of state secrets within public authorities and other legal entities;
d) exercises oversight over the protection of state secrets within public authorities (interdepartmental oversight) and within other legal entities;
e) at the request of the heads of public authorities and other legal entities, undertakes vetting measures concerning citizens whose right of access to state secrets is to be processed;
f) participates, in accordance with the established procedure, in issuing security certificates to legal entities for carrying out work involving information classified as state secret and in monitoring compliance by holders of security certificates with the conditions on the basis of which such certificates were granted;
g) conducts inspections and expert assessments of special-regime facilities with regard to compliance with requirements for the protection of state secrets;
h) organizes and coordinates the certification and expert assessment of cryptographic and technical means for the protection of state secrets;
i) creates government telecommunications systems and ensures their operation, security, maintenance, development and modernization in order to enable the protected exchange of information classified as state secret;
j) cooperates with the Interdepartmental Commission for the Protection of State Secrets on matters concerning the implementation of this Law;
k) identifies cases of violation of the rules on the protection of state secrets;
l) within its competence, performs other responsibilities in the field of state secrets.
List of documents drawn up by public authorities or other legal entities handling classified information that are subject to SIS endorsement/coordination:
1. Citizens’ right of access to state secrets.
2. The order establishing (reorganizing or dissolving) the internal Protection Unit within a public authority or other legal entity.
3. The Regulation governing the operation of the Protection Unit within a public authority or other legal entity.
4. Appointment (release) of persons responsible for the secrecy regime within a public authority or other legal entity.
5. The List of Positions requiring access to state secrets within a public authority or other legal entity, as well as any amendment or change to that list.
6. The Programme for Preventing Information Leakage within a public authority or other legal entity.