ACT

of 5 August 2010

o protection of classified information

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] 1. The Act lays down rules for the protection of information, the unauthorised disclosure of which would cause or could cause damage to the Republic of Poland or it would be from the point of view of its interests unfavourable, also in the course of their development and regardless of the form and the manner in which they are expressed, hereinafter referred to as 'classified information', that is, the following rules:

1. classifying classified information;

2. Organize protection of classified information;

3. processing of classified information;

(4) a verification procedure to determine whether the person concerned gives a guarantee of secrecy, hereinafter referred to as "examination proceedings" or "checking investigation", as appropriate;

5) proceedings to determine whether an entrepreneur covered by it provides the conditions for the protection of classified information, hereinafter referred to as "industrial security proceedings";

6. the organisation of the state of the security of classified information;

7) the protection of classified information in ICTs;

8) the use of physical security measures in relation to classified information.

2. The provisions of the Act shall apply to:

1. bodies of public authority, in particular:

(a) the Sejm and the Senate,

b) the President of the Republic of Poland,

(c) bodies of government administration,

(d) bodies of local government units, as well as other bodies subordinate to them or supervised by them,

(e) courts and tribunals,

(f) bodies of state control and protection of the law

2) organizational units subordinate to, or supervised by, the Minister of National Defence;

3) the National Bank of Poland;

4) state legal persons and other than those mentioned in point 1-3 of the State organisational units;

5) bodies governed by public authorities or supervised by those bodies;

6) entrepreneurs intending to apply or apply for the conclusion of contracts related to access to classified information or performing such contracts or executing on the basis of the provisions of the law of the task of access to information implicit.

3. The provisions of the Act on the protection of classified information shall not violate the provisions of other laws on the protection of professional secrecy or other secrets legally protected, subject to art. 5.

Article 2. [ Definitions] As defined in the Act:

1) organisational unit-is the entity listed in Art. 1 (1) 2;

2) handle the secrecy of the secrecy-is the ability of a person to meet statutory requirements to ensure the protection of classified information prior to their unauthorised disclosure, found as a result of carrying out the examination procedure;

3) document-is any recorded classified information;

4. material, shall be a document or object, or any part thereof, protected as classified information, and in particular a device, equipment or weapons manufactured or in the course of manufacture, and of the constituent used for their manufacture;

5. processing of classified information-shall be all operations carried out with regard to classified information and on this information, in particular their manufacture, modification, copying, classification, collection, storage, transmission or making available;

6) the ICT system-is a ICT system within the meaning of Art. 2 point 3 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. of 2013 r. items 1422, of 2015 items 1844 and from 2016. items 147 and 615);

7) a document of specific safety requirements-there is a systematic description of how the security of the IT system is managed;

8) document of procedures for the safe operation of the ICT system-is a description of the manner and mode of the proceedings in matters related to the security of classified information processed in the IT system and the scope of responsibility the users of the ICT system and the staff who have access to it;

9) the documentation of the security of the IT system-is a document of specific safety requirements and a document of procedures for safe operation of the ICT system, developed in accordance with the principles set out in the Act;

10) accreditation of IT security-is the admission of the IT system for processing classified information;

11) certification-there is a process of confirming the ability of a device, tool or other means to protect classified information;

12) the security audit of the IT system-it is the verification of the correctness of the implementation of the requirements and procedures, as specified in the documentation of the security system of the IT system;

13) entrepreneur-is an entrepreneur within the meaning of art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.) or any other organizational unit, regardless of the form of ownership, who, in the course of business activity, intend to pursue or pursue access to classified information of the contract or tasks resulting from the regulations the law;

14) the manager of the entrepreneur-he is a member of a one-man board or another one-person management body, and if the body is multi-person-the whole body or member or members of that body appointed at least the resolution of the management board to performing the duties of the head of the entrepreneur, with the exception of the plenipotentiaries established by that body or the entity; in the case of an overt company and a civil company manager of the entrepreneur are the shareholders of the company, in the partner-partners in the company or management board, and in relation to the company In the case of a natural person who is an economic operator, the manager of the company is the person; as the head of the entrepreneur, he is also considered to be the person responsible for the business activity of the company; the liquidator, as well as the receiver or the liquidator established in the bankruptcy proceedings; the head of the entrepreneur is the head of the organizational unit within the meaning of the provisions of the Act;

15) the risk-a combination of the likelihood of occurrence of an adverse event and its consequences;

16) risk assessment-there is a comprehensive process of analysis and risk assessment;

17) risk management-coordinated action on the management of information security, taking into account the risks;

18) employment-there is also a proper appointment, appointment or designation.

Article 3. [ Application of provisions of the Code of Administrative Procedure] The following provisions shall apply to investigations, checking investigations and industrial security proceedings, to the extent that the law does not comply with the law. 6-8, art. 12, art. 14-16, art. 24 § 1 points 1-6 and § 2-4, art. 26 § 1, art. 28, art. 29, art. 30 § 1-3, art. 35 § 1, art. 39, art. 41-47, art. 50, art. 55, art. 57-60, art. 61 § 3 and 4, art. 63 § 4, art. 64, art. 65, art. 72, art. 75 § 1, art. 77 § 1, art. 97 § 1 pt. 4 and § 2, art. 98, art. 101, art. 103, art. 104, art. 105 § 2, art. 107, art. 109 § 1, art. 112, art. 113 § 1, art. 125 § 1, art. 156-158 and Art. 217 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23 and 868).

Article 4. [ Providing classified information] 1. The classified information may be made available only to the person giving the warranty of secrecy and only to the extent necessary for the performance of his work or duty in the occupied position or the execution of the outsourced activities.

2. The rules of deallocation from the obligation of secrecy in secret information and the way of dealing with acts of cases containing classified information in proceedings before courts and other bodies shall be determined by the provisions of separate laws.

3. If the provisions of separate laws empower organs, services or institutions or their authorized personnel to make checks, in particular to free access to the premises and materials, and its scope concerns classified information, those powers shall be exercised in accordance with the provisions of this Law.

Chapter 2

Classifying classified information

Article 5. [ Grant of classification] 1. The classified information shall be given a "top secret" clause, if their unauthorised disclosure will cause exceptionally serious damage to the Republic of Poland by the fact that:

1) the threat of independence, sovereignty or territorial integrity of the Republic of Poland;

2) threaten the internal security or constitutional order of the Republic of Poland;

3) threaten the allies or the international position of the Republic of Poland;

4) weaken the defense readiness of the Republic of Poland;

5) will lead or may lead to the identification of officers, soldiers or employees of the services responsible for the execution of the intelligence or counterintelligence tasks, who perform the operational and reconnation activities, if the security is endangering the activities carried out or may lead to the identification of the persons who assist them in this respect;

6) threaten or threaten the life or health of the officers, soldiers or employees who perform the operational and reconnation activities, or the persons providing assistance to them in this respect;

7) threaten or threaten to endanger the life or health of the Crown witnesses or persons to them closest, persons to whom the protection and assistance measures provided by the Act of 28 November 2014 have been granted. o protection and assistance to the victim and witness (Dz. U. of 2015 items 21), or witnesses, referred to in art. 184 of the Act of 6 June 1997. -Code of criminal proceedings, or persons for them closest.

2. The classified information shall be given a "secret" clause, if their unauthorised disclosure will cause serious harm to the Republic of Poland by the fact that:

1) prevent the realisation of tasks related to the protection of sovereignty or constitutional order of the Republic of Poland;

2) deteriorate the relations of the Republic of Poland with other countries or international organizations;

3) disrupt the defense preparations of the State or the functioning of the Armed Forces of the Republic of Poland;

4) make it difficult to carry out operational and exploratory activities carried out in order to ensure the security of the State or to prosecute the perpetrators of the crimes by the services or institutions to that entitled;

5) will significantly disrupt the functioning of law enforcement and judicial authorities;

6) will bring a loss of significant proportions in the economic interests of the Republic of Poland.

3. The classified information shall be given a "confidential" clause, if their unauthorised disclosure will cause damage to the Republic of Poland by the fact that:

1) make it difficult to conduct the current foreign policy of the Republic of Poland;

2) impedes the execution of defense ventures or negatively affect the combat capacity of the Armed Forces of the Republic of Poland;

3) disrupt public order or threaten the security of citizens;

4) hinder the performance of tasks of the services or institutions responsible for the protection of security or essential interests of the Republic of Poland;

5. hinder the performance of tasks for the services or bodies responsible for the protection of public policy, the security of citizens or the prosecution of offenders of crime and treasury crimes and the judicial authorities;

6) threaten the stability of the financial system of the Republic of Poland;

7) will adversely affect the functioning of the national economy.

4. The classified information shall be subject to the "reserved" clause if they have not been given a higher classification, and their unauthorised disclosure may have a detrimental effect on the exercise by public authorities or other organisational units of tasks in the scope of national defence, foreign policy, public security, observance of the rights and freedoms of citizens, the judiciary or the economic interests of the Republic of Poland.

5. The classified information provided by international organizations or other states on the basis of international agreements shall be marked by the Polish counterpart of the classification of the classification.

Article 6. [ The entity authorised to grant the classification] 1. The secret clause confers a person who is entitled to sign a document or a designation other than a material document.

2. The classified information shall be protected in the manner prescribed by the Act until the abolition or amendment of the classification shall be subject to the rules laid down in the paragraph. 3, subject to paragraph. 6. The person referred to in the mouth. 1, may specify a date or event after which the secrecy clause will be abolished or amended.

3. The transfer or amendment of the classification clause shall be possible only after the written consent of the person referred to in the paragraph. 1, or its superior in the event of cessation or amendment of the statutory conditions of protection referred to in art. 5, subject to paragraph. 5.

4. The managers of the organizational units shall carry out at least once every 5 years review of the materials in order to determine whether they meet the statutory protection conditions.

5. The written consent for the performance of the activities referred to in paragraph. 3, in the case of classified information of the "top secret" clause shall be expressed by the head of the organizational unit in which the material has been given the classification of the classification.

6. Upon the abolition or amendment of the classification, the steps shall be taken to make the necessary changes to the marking of the material and to inform the public of the material. The recipients of the material who handed it over to the next recipients shall be responsible for informing them of the abolition or amendment of the classification.

7. The powers of abolition or amendment of the classification of the material shall pass, in the case of termination, abolition, liquidation, bankruptcy involving the liquidation of the property of the bankrupt, transformation or reorganization of the organizational unit, on its legal successor. In the absence of a legal successor, the powers in this respect shall be transferred to the Internal Security Agency, hereinafter referred to as 'ABW', or to the Military Contrintelligence Service, hereinafter referred to as 'SKW', subject to the provisions of Article 4 (1) of the Financial Regulation. 10 para. 2 and 3.

8. Individual parts of the material may be marked with different classification clauses.

9. The President of the Council of Ministers shall determine, by means of a regulation, the manner of marking the materials, the classification of the clauses on them, and the mode and manner of alteration or the abolition of the given clause.

10. In the regulation referred to in paragraph. 9, the President of the Council of Ministers will take into account the need to designate the materials in such a way as to distinguish them from the explicit materials, taking into account the types of classification and material and the manner in which the part of the material referred to in paragraph is to be distinguished separately. 8.

Article 7. [ Protected Data Regardless of Time Elapsed Time] 1. Protected regardless of the passage of time, subject to the paragraph. 2, are:

1) data likely to lead to the identification of officers, soldiers or employees of the services and institutions entitled to exercise on the basis of the Act of Operations and Recognizers as officers, soldiers or employees performing these tasks;

2. data which may lead to the identification of persons who have provided assistance in the field of operational and reconnational services to the services and institutions authorised to exercise them on the basis of the Act;

(3) classified information obtained from the authorities of other countries or international organisations, where such information was a condition for their making available.

2. The protection shall not be subject to the data referred to in paragraph 1. 1 points 1 and 2, contained in the documents, datasets, registers and cartons, as well as in the acts of the officers and soldiers of state security bodies, transferred to the Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the National Polish on the basis of regulations:

1) of the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. of 2016 r. items 152, 178, 677 and 749),

2) of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. of 2013 r. items 1388 and 2016 items 178 and 749)

-unless they have been granted a security classification as a result of the review referred to in Article 3. 19 of the Act of 29 April 2016. amending the Act on the Institute of National Remembrance-the Commission of the Prosecution Of Crimes against the Polish Nation and some other laws (Dz. U. Entry 749), or the review referred to in art. 6 para. 4.

Article 8. [ Requirements for classified information with a specific classification level] Classified information to which the specified security classification is given:

1) may be made available only to the person entitled, in accordance with the provisions of the Act concerning access to the specified classification classification;

2) they must be processed in conditions preventing their unauthorised disclosure, in accordance with the provisions laying down requirements for secret chambers, security of the information and communication systems, the circulation of materials and security measures Physical, relevant to the specified classification level;

3) they must be protected, respectively, to the given classification level, with the application of the security measures specified in the Act and the implementing rules issued on its basis.

Article 9. [ Application for amendment of the classification classification] 1. The recipient of the material, in the event of a declaration of the loss or understatement of the classification, may apply to the person who gave it, or the superior of the person concerned with the request to make an appropriate change.

2. In the case of refusal to make a change or not to respond within 30 days from the date of submission of the application referred to in paragraph. 1, the recipient of the material may apply accordingly to ABW or SKW to settle the dispute.

3. The dispute referred to in paragraph. 2, ABW or SKW resolves within 30 days from the date of submission of the request for settlement of the dispute.

4. If the party to the dispute referred to in paragraph 1 2, is ABW or SKW, this dispute resolves to the President of the Council of Ministers within 30 days from the date of submission of the request for settlement of the dispute.

5. The President of the Council of Ministers may authorize the Head of the Chancellery of the Prime Minister, the Secretary of State or the undersecretary of state in the Chancellery of the Prime Minister to carry out the activities referred to in the paragraph. 4.

Chapter 3

Organisation for the protection of classified information

Article 10. [ Tasks ABW and SKW] 1. ABW and SKW, supervising the functioning of the system of protection of classified information in the organizational units remaining in their jurisdiction specified in the mouth. 2 and 3:

1) monitor the protection of classified information and comply with the provisions in force in this regard;

2) carry out tasks in the field of security of information and communication systems;

3. conduct investigations, check investigations and industrial security proceedings;

4) ensure the protection of classified information exchanged between the Republic of Poland and other countries or international organizations;

5) conduct consultancy and training in the protection of classified information.

2. SKW carries out tasks in relation to:

1) the Ministry of National Defence and the organizational units subordinate to, or supervised by, the Minister of National Defence;

2) attack of defence in foreign institutions;

3) soldiers in the service of active duty designated as service posts in other organisational units than those mentioned in points 1 and 2.

3. ABW carries out tasks in relation to the organizational units and persons subject to the law, not mentioned in the mouth. 2.

Article 11. [ Duties Of Head Of ABW] 1. The head of ABW shall act as a national security authority.

2. The national security authority shall be competent to supervise the system of protection of classified information in the relations of the Republic of Poland with other states or international organizations and issue of documents authorizing access to classified information of the North Atlantic Treaty Organisation, hereinafter referred to as 'NATO', of the European Union or other international organisations, hereinafter referred to as 'international classified information'.

3. The Head of ABW shall act as a national security authority with regard to the entities referred to in art. 10 para. 2, through the SKW Boss.

4. To the extent necessary for the exercise of the functions of the national security authority, the Head of the ABW or the officers of the ABW and the Head of the SKW or the authorised soldiers or officers of the SKW shall have the right to:

1) inspection of documents related to the protection of international classified information;

2) entrance to facilities and premises intended for processing of international classified information;

3) access to information and communication systems intended for the processing of international classified information;

4) obtaining explanations and information regarding the protection of international classified information.

5. Head of ABW organizes cooperation with Head of SKW in the exercise of functions of national security authority.

6. The President of the Council of Ministers will determine, by means of the regulation, the scope, the mode and manner of cooperation of the Head of the ABW and the SKW Chief in the exercise of the functions of the national security authority by the Head of ABW.

7. In the Regulation referred to in paragraph. 6, the President of the Council of Ministers will take into account the role of the Head of the ABW in the supervision of the system of protection of classified information exchanged between the Republic of Poland and other countries or international organisations and the need to ensure uniformity of the applied by the national security authority of procedures in the civil and military sphere.

Article 12. [ Rights of ABW officers and SKW soldiers] 1. To the extent necessary for the control of the state of the security of classified information, authorised written officers of ABW or officers or soldiers of the SKW shall have the right to:

1) entrance to the premises and premises of the controlled unit where such information is processed;

2) insight into the documents related to the organization of the protection of this information in the controlled organizational unit;

3) requests for access to the control of the information and communication systems for the processing of such information;

4) carry out the visual inspection of objects, property elements and check the course of specific tasks related to the protection of this information;

5) requests from managers and employees of controlled organizational units providing oral and written explanations;

6) consultation with the control of information in uncontrolled entities, if their activity remains in connection with the processing or protection of classified information, and requests for explanations from the managers and employees of these entities;

7) the appointment and use of the assistance of experts and specialists, if the statement of circumstances revealed at the time of carrying out the check requires special messages;

8) to participate in the meetings of management, management or supervisory bodies, as well as opinions and advisory bodies in matters relating to the protection of this information in a controlled organisational unit.

2. If at the time of the exercise of the checks referred to in paragraph. 1, there will be a significant degree of prima facie suspicion of the possibility of processing classified information in ICTs without a ICT security accreditation, ABW functionaries or officers, or SSKW soldiers may request that these systems be made available for control purposes only in order to the extent necessary to determine whether such processing has taken place and to clarify the circumstances of this related matter.

3. The examination of checks, checking investigations and industrial security proceedings, with the exception of the proceedings referred to in Article 3 (1) of the Rules of Procedure. 23 (1) 5, they shall be subject to controls in respect of the regularity of their implementation. This control shall lead to:

1) the President of the Council of Ministers-in relation to the proceedings carried out by ABW or SKW;

2) respectively ABW or SKW-in relation to proceedings carried out by the security proxies.

4. To the activities referred to in paragraph. 1 and 3, made by ABW or SKW or by the President of the Council of Ministers shall apply mutatis mutandis the provisions of Art. 30-39 ust. 2-4, art. 40 par. 2-4, art. 41-49 mouth 2-6, art. 50 par. 1-3, art. 64 par. 1 and Art. 98 of the Act of 23 December 1994. of the Supreme Chamber of Control (Dz. U. of 2015 items 1096 and of 2016 items 677), except that the powers and obligations provided for in that law:

1) Supreme Chamber of Control-perform respectively ABW and SKW or Kancelaria Prezesa Rady Ministrów

2) President, Vice President and Senior Chamber of Control-perform respectively Head, Deputy Head and authorized officer of ABW and Head, Deputy Head and authorized officer or soldier of the SKW or the President of the Council of Ministers or authorized an employee of the Chancellery of the Prime Minister.

5. The activities referred to in paragraph 1. 1 points 1-5 and 8, carried out by ABW in relation to the Chancellery of the Sejm, the Chancellery of the Senate and the Chancellery of the President of the Republic of Poland shall be exercised in agreement respectively with the Marshal of the Sejm, the Marshal of the Senate and the Head of the Chancellery of the President The Republic of Poland. The arrangements shall be made by the President of the Council of Ministers and, in the absence of a reconciliation, the action may not

6. The President of the Council of Ministers shall determine by way of regulation:

1. the manner of preparation and the scope and mode of carrying out the state of the security of classified information security;

2) the mode of reconciliation of the date of inspection, including the activities referred to in paragraph. 1 points 1-5 and 8, executed in relation to the Chancellery of the Sejm, the Chancellery of the Senate and the Chancellery of the President of the Republic of Poland;

3) the tasks of ABW officers and officers or SKW officers supervising and performing the control activities;

4) how to document the control activities and the preparation of the audit log, the occurrence of the control and the information on the results of the checks.

7. In the Regulation referred to in paragraph. 6, the President of the Council of Ministers will take into account the need to ensure that the scope and manner of carrying out controls allows for efficient and objective determination of the factual security of classified information in the controlled organisational unit and its fair documenting.

Article 13. [ The authorities authorised to carry out widened checks] 1. The managers of the organizational units work together with the services and institutions authorised to conduct expanded investigations, checking investigations and industrial security proceedings, in particular make available to the officers, staff or soldiers of those services and institutions, upon presentation of the written authorisation by them, the information and documents necessary to carry out the operations within the framework of these proceedings.

2. The services and institutions entitled to carry out widened investigations, to the extent necessary for the performance of their tasks, to protect classified information may request other institutions, services and bodies to provide the necessary assisting in carrying out activities carried out in the context of investigations, checking investigations and industrial security proceedings.

3. The heads of services and institutions referred to in art. 23 (1) 2 and 5 shall make available to the authorized officers, staff or soldiers of the services and institutions referred to in paragraph 1. 1, for the purposes of those services and bodies of investigations which check or control investigations, at their disposal, information and documents only where the person concerned is in their opinion the verification or control of the examination procedure does not give a guarantee of secrecy; otherwise, they shall inform that they do not have information and documents demonstrating that the person concerned does not give this warranty.

4. The President of the Council of Ministers shall determine by way of regulation:

1) the detailed scope, conditions, manner and mode of transmission by the managers of the organisational units to the departments and institutions entitled to carry out widened checks, checking of investigations and proceedings the industrial security of the information referred to in paragraph. 1 and 3, and making available to them the documents necessary for the purposes of these proceedings;

2) the detailed scope, conditions, manner and mode of granting by the Central Anti-Corruption Bureau, hereinafter referred to as the "CBA", the Police, Border Guard, Military Gendarmerie and the treasury control authorities necessary assistance to the services and institutions entitled to the conduct of enhanced investigations, audit investigations and industrial security procedures in the execution of operations in the context of these proceedings.

5. In the Regulation referred to in paragraph. 4, the President of the Council of Ministers will take into account the scope of the data to be included in requests for information or assistance, as well as the possibility of using the information technology systems to ensure the effectiveness of their transmission and information.

Article 14. [ Attorney for protection] 1. The head of the organizational unit in which classified information is processed shall be responsible for their protection, in particular for arranging and ensuring the functioning of that protection.

2. The manager of the organizational unit is directly subject to his/her authorized representative for the protection of classified information, hereinafter referred to as the "security attorney", who is responsible for ensuring compliance with the provisions on information protection implicit.

3. The security officer may be the person who owns:

1) Polish citizenship;

(2) higher education;

3) adequate security clearance issued by ABW or SKW, as well as by the former Office of State Protection or former Military Information Service;

4) a certificate of training in the protection of classified information carried out by ABW or SKW, as well as by the former Military Information Service.

4. The head of the organizational unit may employ the deputy or the deputies of the security attorney, subject to compliance by these persons with the conditions referred to in the paragraph. 3.

5. The detailed scope of the duties of the Deputy Protection Agent shall be determined by the Head of the

Article 15. [ Security Plenipotentiary Tasks] 1. The tasks of the security attorney shall be:

1) ensuring the protection of classified information, including the use of physical security measures;

2) ensuring the protection of the information and communication systems in which classified information is processed;

3) management of the risk of security of classified information, in particular the risk assessment;

4) the control of the protection of classified information and the observance of the provisions on the protection of such information, in particular periodic (at least once every three years) checking of the records, materials and circulation of documents;

5) developing and updating, requiring the approval of the head of the organizational unit, the plan for the protection of classified information in the business unit, including in the event of the introduction of an emergency state, and overseeing its implementation;

6) conducting training in the protection of classified information;

(7) conduct regular investigations and check-out investigations;

(8) maintain an up-to-date list of persons employed or in service in the business unit or perform outsourced activities which have access to classified information and persons who have been refused an attestation. the safety or revocation of such safety, including:

(a) first and last name,

(b) the PESEL number,

c) the father's name,

(d) date and place of birth,

(e) address of residence or stay,

(f) the identification of the document ending the procedure, the date of issue and the number;

9. the transfer of ABW or SKW respectively to the records referred to in art. 73 (1) 1, the data referred to in art. 73 (1) 2, persons entitled to access classified information, as well as persons who have been refused a security certificate or to whom a decision to withdraw a security certificate has been taken, on the basis of the list referred to in point 8.

2. The tasks referred to in paragraph 2. 1, the security representative shall carry out, by means of an isolated and subordinate organisational cell for the protection of classified information, hereinafter referred to as the "security vertical", if it is formed in an organisational unit.

3. The task referred to in paragraph. 1 point 9, does not apply to security agents in the services and institutions authorised to carry out the extended examination proceedings referred to in art. 23 (1) 2 and 5.

4. The head of the organizational unit may entrust the security officer and the security personnel with the performance of other tasks, if their implementation does not violate the proper performance of the tasks referred to in paragraph. 1.

Article 16. [ Requirements for the security vertical employee in the business unit] A security vertical worker in a business unit can be a person who has:

1) Polish citizenship, with the exception of employees of the protection of employed persons employed in entrepreneurs;

2. the relevant security clearance or authorisation referred to in Article 3 (2). 21 (1) 4 point 1;

3) a certificate of training received in the protection of classified information.

Article 17. [ Notice of Infringement of the Protection of Classified Information] 1. In the event of a finding of an infringement in the organisational unit of the provisions for the protection of classified information, the protection attorney shall notify the manager of the organizational unit and take immediate action to clarify the circumstances of this infringement and the limitations of its negative effects.

2. In the event of a finding of a breach of the provisions on the protection of classified information with the "confidential" clause or a higher security attorney, it shall immediately inform ABW or SKW accordingly.

Article 18. [ Delegations] 1. The Minister of National Defence will determine, by way of regulation:

1) the detailed tasks of the security agents in the scope of protection of classified information in the organizational units of him subordinate to or supervised by him;

2. specific requirements for the use of physical security measures intended for the protection of classified information;

3) the place and role of the Plenipotentiary of the Minister of National Defence for the Protection of Informal Information and Representatives Of The Protection Of Managers Directly of the Overriding Organizational Units in the ministerial system of classified information protection;

4) the scope, mode and manner of interoperability of the security agents in the scope of protection of classified information with SKW;

5) the types, specific objectives and the way of organising training in the protection of classified information;

6) the scope of application of physical security measures and criteria for creating protection zones;

7) the development mode and the necessary elements of the plans for the protection of classified information, including the handling of classified information classified as "secret" or "top secret" in the event of the introduction of an emergency state, as well as the way supervise their implementation.

2. In the Regulation referred to in paragraph. 1, the Minister of National Defence will take into account the overarching role of Plenipotentiary of the Minister of National Defence for the Protection of Information Not explicitly in the coordination and supervision of undertakings in the protection of classified information, in order to ensure uniform and an effective system for the protection of classified information in the organisational units referred to in Article 1 (1) 2 point 2.

Chapter 4

Training in the protection of classified information

Article 19. [ Entities conducting training in the protection of classified information] 1. Training in the protection of classified information shall be carried out in order to acquaet the following:

1) the rules on the protection of classified information and the criminal, disciplinary and official responsibility for their violation, in particular for the unauthorised disclosure of classified information;

2. the rules for the protection of classified information to the extent necessary for the performance of work or service, taking into account the principles of risk management of classified information, in particular the risk assessment;

3. the protection of classified information and emergency procedures for such information or in the event of disclosure.

2. The training referred to in paragraph 2. 1:

1) carry out ABW or SKW respectively-for the protection agents and their deputies and persons provided for those posts, entrepreneurs performing unitary activities, and for managers of entrepreneurs in which they have not been employed security proxies;

2) carry out ABW or SKW, respectively, jointly with the security attorney-for the head of the organizational unit in which classified information with the "top secret" or "secret" clause is processed;

3) arrange for the protection attorney-for the other persons employed, serving or performing tasks commissioned in the business unit;

4) carries out ABW-for MPs and senators.

3. Training shall be carried out at least once every 5 years. Training may be waiving if the person undertaking the work or the beginning of the service or the performance of the contracted activities presents a current certificate of training to the representative of the security.

4. The costs of training carried out by ABW or SKW, excluding the training referred to in paragraph. Article 2 (4), and subject to paragraph 2, point 4 5, the cover of an organisational unit in which a person is employed, is in service or has been commissioned.

5. The organizational units referred to in art. 1 (1) The costs of training carried out by ABW or SKW shall not be covered by the Police Department 2.

6. The reciprocal rights and obligations of the training entity, the participant of the training referred to in paragraph. 2 points 1 and 2, and the organisational unit in which the trained person is employed, fully service or commissioned, specifies the contract concluded between the person concerned, the training participant and the undertaking.

Article 20. [ Certificate of completion of training] 1. Training referred to in art. 19 (1) 1, end with the release of the certificate. When receiving a certificate, the trained person shall make a written declaration of the provisions for the protection of classified information.

2. The President of the Council of Ministers shall determine by way of regulation:

1) models of attestations stating that the training in the protection of classified information is carried out;

2) the method of accounting for the costs of the training referred to in art. 19 (1) 4.

3. In the Regulation referred to in paragraph. 2, the President of the Council of Ministers will take into account the distinctiveness resulting from the issue of certificates by ABW and SKW and the security agents and the way of setting the costs for the purposes of their accounting in such a way that their amount may not exceed 25% of the average monthly remuneration in the enterprise sector without payment of prizes from profit in the fourth quarter of the previous year, announced by the President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. on loan and student loans (Dz. U. of 2014 items 1026 and 1198 and 2016 items 615).

Chapter 5

Personal safety

Article 21. [ Conditions for admission to work related to access to classified information] 1. Admission to work or service in a post or work order related to access to classified information of a "confidential" or higher clause may occur, subject to art. 34, after:

1. obtaining security attestative and

2) the training in the protection of classified information.

2. Persons who do not hold Polish citizenship may not be allowed to work or to serve as a post or perform outsourced tasks with which access to classified information with a "secret" or "top secret" clause is connected, with subject to paragraph. 3.

3. The provision of the paragraph. 2 shall not apply to persons:

1) occupying positions relating to the management of the execution by the trader of a contract related to access to classified information or related to the direct execution of such a contract or performing tasks for defence or security states, relating to access to classified information in an entrepreneur;

2) which, on behalf of the entrepreneur referred to in point 1, participate in the activities aimed at the conclusion of the contract, if these activities are related to access to classified information;

3) employed in the vertical protection of the entrepreneur referred to in point 1, with the exception of the person occupying the position of the security attorney and the deputy of the protection attorney.

4. The admission to work or duty of a post or a work order relating to the access of a person to classified information on the "restricted" clause may occur after:

1) written authorization by the manager of the organizational unit, if it does not have a security certificate;

2) the training in the protection of classified information.

Article 22. [ Investigating proceedings] 1. Depending on the position or execution of the requested persons, hereinafter referred to as the "checked person", shall be carried out:

(1) ordinary examination proceedings, with posts and works relating to access to classified information, with a "confidential" clause, subject to point 2 (a) (d). b-d;

2. the extended investigation procedure:

(a) in posts and works relating to access to classified information with a "secret" or "top secret" clause,

(b) to the security agents, alternate security agents and candidates for these posts,

(c) to the managers of the business units in which classified information is processed with a "confidential" or higher clause,

(d) to persons applying for access to international classified information or for access, which is to be the result of an international agreement concluded by the Republic of Poland.

2. Personalities indicated in the mouth. 1 point 2 (a) b-d shall be issued with a security certificate authorizing access to classified information of such a clause as indicated in the application or the recommendation.

Article 23. [ Types of investigations] 1. The security attorney shall carry out the ordinary course of examination on the written instructions of the manager of the organizational unit.

2. ABW or SKW carries out widened checks:

1) at the written request of the manager of the organizational unit or the person entitled to the lineup of the position or work order;

2) towards officers, soldiers and workers and persons applying for admission to service or work in ABW or SKW;

3. in respect of persons carrying out activities commissioned or applying for the execution of those activities to ABW or SKW.

3. ABW shall carry out a widened procedure to verify the following:

1) Head of SKW, Head of the Intelligence Agency, hereinafter referred to as "AW", Head of the CBA, Head of the Government Security Bureau, Chief of the Police Chief, General Director of the Prison Service, Chief of the Main Border Guard and persons envisaged for these posts;

2) Security Agents, Deputy Protection Agents and persons appointed for these posts in SKW, AW, CBA, Office of the Protection of Government, Police, Prison Service and Border Guard.

4. The SKW shall carry out widened investigations to verify the following:

1) Head of the ABW, Head of the Military Intelligence Service, hereinafter referred to as "SWW", Commandant of the Main Military Gendarmerie and the persons envisaged for these posts;

2) security agents, deputy security agents and persons provided for these positions in ABW, SWW and Military Gendarmerie.

5. AW, CBA, Government Security Office, Police, Prison Service, SWW, Border Guard and Military Gendarmerie shall carry out their own examination and audit investigations, as appropriate, to:

1) own officers, soldiers and workers and persons applying for admission to service or work,

2) persons performing tasks assigned to them or applying for the exercise of those activities

-subject to paragraph. 3 and 4.

6. As regards the investigations and checks of the checks carried out by the services and the institutions referred to in paragraph 6. 5, the services and the institutions of ABW and SKW shall be entitled to these services.

Article 24. [ Purpose of the examination] 1. The examination procedure is intended to determine whether the person checked gives a guarantee of the secrecy of the mystery.

(2) In the course of the examination procedure, it shall be determined whether there are reasonable doubts as to:

1) participation, cooperation or support by a person of proven espionage, terrorist, sabotage or other activity against the Republic of Poland;

2) the threat of a person checked by foreign special services in the form of attempts to recruit or establish contact with it;

3) observance of the constitutional order of the Republic of Poland, and above all, whether the person was checked to participate or participate in the activities of political parties or other organizations referred to in art. 13 of the Constitution of the Republic of Poland, either collaborated or cooperates with such parties or organizations;

4) concealment or deliberate misuse in a personal safety survey, hereinafter referred to as "the survey", or proceedings to check the person's examination of the information relevant to the protection of classified information;

5) the occurrence of a person's examination of the circumstances causing the risk of its vulnerability to blackmail or exerting pressure;

(6) incorrect handling of classified information, if:

(a) this has led directly to the disclosure of such information to unauthorised persons,

(b) this was the result of deliberate action,

(c) it has created a real threat to their unauthorised disclosure and not of an incidental nature,

(d) has committed this person particularly under the obligation under the law to protect classified information: a security attorney, his or her deputy or head of a secret law firm.

3. In the course of the extended examination procedure, the following shall also be established whether there are doubts concerning:

(1) the standard of living of a person checked clearly in excess of the income earned by it;

2) information on mental illness or other disruption of mental functions limiting mental efficiency and likely to adversely affect the ability of the person to be checked to perform the work, related to access to classified information;

3) addiction to alcohol, narcotic drugs or psychotropic substances.

4. In the absence of any doubt, the doubts referred to in paragraph 1 shall be deleted. 2 or 3, the interest of the protection of classified information takes precedence over other legally protected interests.

5. The body conducting the examination proceedings, guided by the principles of impartiality and objectivity, shall be obliged to demonstrate the highest diligence in the course of the ongoing investigation as to its compliance with the provisions of the Act.

6. All operations carried out in the course of the investigations shall be carefully documented and shall be completed within 3 months of the following day:

1) the submission to the security attorney of the completed survey, or

2) to submit an application for a verification procedure with the completed survey.

7. In the event of failure to meet the time limit referred to in paragraph. 6, the body conducting the proceedings shall inform, at the request of the person checked, the expected date of termination of the proceedings and, if it does not violate the rules for the protection of classified information, of the reasons for the protracted procedure.

8. The conduct of the examination shall be subject to the written consent of the person to whom it is intended.

9. The collection and processing of information about third parties, specified in the survey, may take place without the knowledge and consent of these persons, to the extent necessary to determine whether the person checked gives a warranty of secrecy. Information on third parties may be collected and processed only within the scope set out in the paragraph. 2.

10. The post-filing survey constitutes a legally protected secret and is subject to the protection provided for classified information classified as 'confidential' in the case of extended examination or 'reserved' in the case of normal conduct check. The survey formula, together with the instructions for its completion, is an annex to the Act

Article 25. [ Scope of normal verification procedure] 1. Ordinary examination shall include:

1) check, to the extent necessary, in the records, registers and records, in particular in the National Criminal Register, the data contained in the survey completed and signed by the person, as well as to check other information obtained in the the course of the examination procedure, to the extent necessary to determine whether the person checked gives a guarantee of secrecy;

2) checking in the records and records of inaccessible universally available data included in the survey and other information obtained in the course of the examination, to the extent necessary to determine whether the person checked gives a guarantee of behaviour secrecy.

2. The check referred to in paragraph. 1 point 2, shall be carried out at the written request of the security representative by ABW or SKW.

3. In the course of the check referred to in paragraph. 1 point 2, ABW or SKW shall have the right to have a conversation with the person checked to remove the inaccuracies or contradictions contained in the information obtained.

4. ABW or SKW shall inform the trustee of the protection of the results of the acts referred to in paragraph 1. 1 point 2 and paragraph 1. 3.

5. If it is necessary as a result of the information obtained, the ordinary examination procedure shall also include the interview with the person checked.

(6) If, in the course of the ordinary course of inquiry, there is a doubt in order to determine whether the person checked gives a guarantee of secrecy, the investigating authority shall ensure that the person checked during the hearing is heard. possibility of personal relationship to the information calling these doubts. This person may appear to be heard with his/her proxy. The minutes of the hearing shall be drawn up which shall be signed by the person leading the hearing, the person heard and the representative, if he has participated in it.

(7) The body conducting the ordinary verification procedure shall depart from carrying out the action referred to in paragraph 1. 6 if:

(1) it would involve the disclosure of classified information;

2) the examination procedure led to the unquestionable finding that the person checked does not give the warranty the secrecy of the secrecy.

Article 26. [ The scope of the widening of the examination procedure] 1. The follow-up examination shall include the activities referred to in Article 3. 25 par. 1, and in addition, if necessary as a result of the information obtained, this proceeding shall include:

1) a conversation with the supervisor of the person being checked and with other persons;

2) conduct an interview in the place of residence of the person checked;

3) check the condition and turnover in the bank account and the debt of the person checked, in particular with the State Treasury.

2. To the act referred to in paragraph. 1 point 2, the provisions of the Act of 6 June 1997. -The Code of Criminal Procedure and the provisions on environmental intelligence issued under it shall apply mutatis mutandis.

3. The activities referred to in paragraph 1. 1 point 3, shall be carried out in accordance with art. 105 (1) 1 point 2 (a) k of the Act of 29 August 1997. -Banking law (Dz. U. of 2015 items 128, of late. zm.). The provisions of Article 4 82 § 1 and 2, art. 182 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.) and art. 33 (1) 1 of the Act of 28 September 1991. about the treasury control (Dz. U. of 2016 r. items 720) shall apply mutatis mutandis.

4. To the extended procedure of the examination of the provisions of Art. 25 par. 5-7 shall apply mutatis mutandis.

5. In the case of applicants for access to the information on the "top secret" clause, the extended examination procedure also includes, if necessary as a result of the information obtained previously, a conversation with three persons indicated by the person being checked to obtain other information that may be relevant for the assessment of the warranty of secrecy.

6. In order to make the arrangements referred to in art. 24 ust. 3 points 2 and 3, the body conducting the extended verification procedure may require the person to be checked for specialised testing and the release of the results of those tests. The doctor performing this study shall be made available to the medical records of the person to be checked for the doubts referred to in Article 4. 24 ust. 3 points 2 and 3.

Article 27. [ Suspension of the examination procedure] 1. The examination procedure may be suspended in the case of:

1) an examination of a person's disease lasting more than 30 days, preventing the effective conduct of the examination procedure from being effectively carried out;

2) departure for the border of a person checked for a period exceeding 30 days;

3) when the assessment of the giving of the warranty of the secrecy depends on the prior settlement of the issue by another body, in particular in the case of the initiation against the person of the criminal proceedings in the case of intentional criminal prosecution of the criminal prosecution of public prosecutions or a deliberate treasury offence;

4. when carrying out an effective examination procedure is not possible for other reasons beyond the control of the operator.

2. Suspended verification proceedings shall be taken if:

(1) the reasons for suspending the proceedings have subsided;

2) the disclosure of the circumstances which could give rise to the refusal to issue the security certificate or the remission of the examination procedure was disclosed.

3. The suspension of the examination procedure and of its decision shall be given by the investigating authority to notify the applicant, the security representative and the person to be checked.

4. To complaint to the order for the suspension of the proceedings of the examination of the provisions of the art. 35, art. 37 and art. 38 shall apply mutatis mutandis.

Article 28. [ Termination of the examination procedure] The verification procedure shall end:

1. issue of the security certificate;

2) refusal to issue a security certificate;

(3) redemption.

Article 29. [ Security Clearance] 1. Upon completion of the verification procedure with the positive result, the body conducting the proceedings shall issue a security clearance and communicate to the person checked, notifying the applicant accordingly.

2. The security clearance shall include:

(1) the number of the certificate;

2) the legal basis;

3) an indication of the applicant of the examination procedure;

4) determination of the authority which carried out the examination;

(5) the date and place of issue;

6) first name, surname and birth date of the person checked;

7. determining the type of investigation to be carried out with an indication of the classification of classified information to which the person being checked may have access;

8) statement that the person checked gives a guarantee of the secrecy of the secrecy;

9. the term of validity;

10) the immigrant stamp and signature of the authorized officer of ABW or the officer or soldier of the SKW, or the security attorney who carried out the examination procedure.

3. The security clearance shall be issued for the period of:

1) 10 years-in the case of access to classified information of the "confidential" clause;

2) 7 years-in the case of access to classified information of the "secret" clause;

3) 5 years-in the case of access to classified information with a "top secret" clause.

4. A security clearance authorizing access to classified information of a higher classification shall entitle to access to classified information with a lower classification level, respectively, for the periods referred to in paragraph. 3, also with regard to the security attestas of international organisations.

5. Security attestations issued as a result of carrying out the examination proceedings referred to in art. 23 (1) 5, shall remain valid only during the period of work or service in the authority which has carried out the examination.

6. The President of the Council of Ministers shall determine, by means of regulations, models:

1. security attestas;

2) the security attestas of international organisations.

7. In the Regulation referred to in paragraph. The President of the Council of Ministers shall take into account the data referred to in paragraph 6 in the model of security attestations. 2 and ensure the diversity of the models of security certificates issued by ABW, SKW, the services and institutions referred to in art. 23 (1) 5 and the security agents.

Article 30. [ Refusal to Release Security Benefits] 1. The body conducting the examination shall refuse to issue the security certificate, if the doubts referred to in Article are not remedyed. 24 ust. 2, as well as if the doubts referred to in the Article are not remedying during the expanded investigation. 24 ust. 3.

2. The body conducting the examination shall refuse to issue the security certificate if the person checked has been convicted by a final sentence of imprisonment for a intentional offence prosecuted from public prosecution, also committed abroad, or a deliberate treasury offence, if the act for which the conviction occurred raises the doubts referred to in art. 24 ust. 2 and 3.

3. The decision to refuse the release of security clearance shall include:

1) the legal basis and the factual and legal justification;

2) an indication of the applicant of the examination procedure;

3) the determination of the authority which carried out the examination;

4) the date and place of issue;

5) first name, surname and birth date of the person checked;

6) determination of the type of investigation to be carried out, with an indication of the classification of classified information to which the person was to be consulted;

7) stating that the person checked does not give the warranty the secrecy of the secrecy;

8) the imitation stamp and signature of the authorized officer of ABW or the officer or soldier of the SKW, or the security attorney, who carried out the examination;

9) the instruction on admissibility and the time limit for appealing to the President of the Council of Ministers or the Head of the ABW or the Head of the SKW.

4. The factual justification in the part containing the classified information shall be protected under the conditions set out in this Act.

(5) Upon completion of the examination procedure with the negative result, the investigating authority shall issue a decision to refuse the security certificate and serve it to the person to be checked, notifying the applicant and the security representative.

6. The person entitled to the lineup of the post shall be obliged, immediately after receipt of the notice of refusal to issue the security clearance in the scope of access to classified information, prevent access to classified information to the person whom The refusal shall apply, subject to Article 21 (1) 4.

(7) The examination proceedings against a person who has been refused a security clearance may be carried out at the earliest one year after the date of service of the refusal to issue the security clearance.

8. The President of the Council of Ministers shall determine, by means of a regulation, the model of the decision to refuse to issue a security clearance.

9. In the Regulation referred to in paragraph. 8, the President of the Council of Ministers shall take into account in the model decision the components referred to in paragraph. 3 and ensure the diversification of the designs of the decisions issued by ABW, SKW, the services and institutions referred to in art. 23 (1) 5 and the security agents.

Article 31. [ Closure of examination procedure] 1. The mortifying of the examination procedure shall take place in the case of:

1) the death of the person checked;

2) the resignation of the person checked from applying for a position or occupying a position or carrying out work, related to access to classified information;

3) a waiver by the head of the organizational unit from the intention to cast the person checked on the position or order of its work, related to access to classified information;

4) when the proceedings for another reason became unconcerned.

2. The investigator shall notify the applicant, the protection representative and, in the cases referred to in paragraph 2, of the remission of the conduct of the examination. 1 point 2-4, person checked.

Article 32. [ Deadline for the next examination] 1. At the written request of the manager of the organizational unit or the person entitled to the position of the position, submitted at least 6 months before the expiry of the period of validity of the security certificate, the competent authority shall carry out the following proceedings check.

2. The provisions of the law relating to the proper conduct of the examination shall be applied to the next examination procedure, taking into account the paragraph. 3 and 4.

3. The subsequent verification procedure should be completed before the expiry of the period of validity of the security certificate. The time limit referred to in Article 24 ust. 6, does not apply.

4. If, in the case of a person with a valid security clearance, issued by ABW, SKW, AW or SWW, a request for a check to be carried out in order to issue the security clearance of an international organization, shall be sent, the completion of the survey is not required and the security clearance of the international organisation shall be issued only for the period of validity of the security certificate held by that person.

Article 33. [ Check investigation] 1. In the event that the person to whom the security clearance has been issued will be disclosed new information indicating that it does not give the warranty of secrecy, the audit proceedings shall be carried out. The person checked does not complete a new survey for the purposes of this proceeding.

2. The procedure referred to in paragraph 2. 1, shall carry out the competent authority to carry out the next examination procedure, subject to paragraph 1. 3.

(3) In cases justified on grounds of security, the verification procedure may be carried out by ABW or SKW.

4. The provision of the paragraph. 3 shall not apply to checks carried out against persons who have a security clearance issued as a result of carrying out the examination procedure referred to in Article 3. 23 (1) 5.

5. In order to verify the information referred to in paragraph. 1, the competent authority may carry out the necessary checks. The protection trustee may carry out the activities referred to in Article 4 in this mode. 25 par. Article 1 (1), and the services and institutions authorised to carry out widened proceedings, shall also examine the activities referred to in Article 1 (1). 25 par. In accordance with the principles of impartiality, objectivity and demonstration of utmost care, these steps must be clearly documented and carried out in accordance with the principles of impartiality, objectivity and demonstration. The documentation of those activities shall be attached to the examination of the examination.

6. At the initiation of the verification procedure, the following shall be notified:

1) the head of the organizational unit or the person entitled to the lineup of the post;

2) a security attorney in the organizational unit;

3) a checked person.

7. Upon receipt of the notification referred to in paragraph. 6, the head of the business unit or the person entitled to the position of the position shall prevent the person from being checked access to classified information.

(8) The provisions of Article 8 shall apply to the examination of the examination procedure. 24 ust. 1-5 and 9, art. 25-27, art. 30, art. 31 par. 1 (1) and (4) and (4) 2.

(9) All operations carried out in the course of the examination of the examination proceedings must be reliably documented and shall be completed within six months of the date of initiation of the proceedings.

(10) In particular justified cases of failure to review the examination procedure within the time limit referred to in paragraph 1. 9, the body conducting the proceedings shall extend it once for another 6 months, by notifying the persons referred to in paragraph. 6.

11. The verification checks shall end:

1. the decision to withdraw the security clearance;

2) inform the persons mentioned in the mouth. 6 o lack of reservations in relation to the person who has been subject to the review investigation, while confirming further its ability to remain secret to the extent specified in the security attestation that it has possessed;

3) a decision to cancel the proceedings, where the proceedings are not completed before the expiry of the 12 months from the date of its initiation.

12. The President of the Council of Ministers shall determine, by means of a regulation, the model of the decision to withdraw the security clearance.

13. In the Regulation referred to in paragraph. 12, the President of the Council of Ministers will take into account in the model decisions the elements specified in art. 30 par. 3 paragraphs 1 and 3 to 9, and shall ensure that the decisions of ABW, the SKW, the services and the institutions referred to in the Article are diversified. 23 (1) 5 and the security agents.

Article 34. [ Restrictions on conduct of the examination] 1. No examination shall be carried out if the person to whom it is to be concerned will present a security clearance appropriate to the required classification level, except for the security clearance issued as a result of carrying out the examination proceedings referred to in Article 23 (1) 5.

2. On employment in a post with which access to classified information of the person referred to in the paragraph may be combined. 1, representing the relevant security clearance, the head of the business unit shall inform within 7 days the authority that issued the security clearance, and ABW or SKW respectively.

3. From the obligation set out in the mouth. 2 shall be exempt managers of the bodies of the entities referred to in art. 23 (1) 5.

4. If from ratified by the Republic of Poland international agreements the obligation of admission to information of classified foreign citizens of states to perform in the Republic of Poland is obliged to work in the interest of another country or organization For the international investigation procedure, no verification procedure is carried out

5. The heads of the Chancellery of the President of the Republic of Poland, the Chancellery of the Sejm, the Chancellery of the Senate or the Chancellery of the Prime Minister or the Minister responsible for a specific department of the government administration, President of the National Bank of Poland, President The Supreme Chamber of Control or the Head of the Central Office, and in the absence of ABW or SKW, may:

1) in particularly justified cases, subject to art. 4 par. 2, express written consent for the one-time release of specified classified information to a person without adequate security attestation;

2) express written consent to provide classified information of the "secret" or "top secret" clause to the person against whom the widened examination proceedings have been initiated.

6. In the Extraordinary States of the President of the Republic of Poland or the President of the Council of Ministers, everyone in their scope may consent to the waiver of conducting the examination procedure.

7. In the cases referred to in paragraph. 5 and 6, a copy of the consent to provide classified information or to withdraw from the examination procedure shall be transmitted to ABW or SKW respectively.

8. The obligation referred to in paragraph. 7, does not concern the services and institutions authorised to carry out the extended examination proceedings referred to in Article 23 (1) 5.

9. I agree to provide classified information about the "confidential" clause to the person to whom the examination has been initiated, may express, in writing, the manager of the organizational unit in which that person is employed, fully service or performs Requested actions.

10. The verification shall not be carried out, subject to paragraph. 11-13, with:

1) the President of the Republic of Poland and the person elected to this office;

2) the Marshal of the Sejm;

3) The Marshal of the Senate;

4) the President of the Council of Ministers;

5) member of the Council of Ministers;

6) the President of the National Bank of Poland;

7) The President Of The Supreme Chamber Of Control;

(8) the Ombudsman;

9) General Inspector of Personal Data Protection;

10) a member of the Monetary Policy Council;

11) a member of the National Council of Radio Broadcasting and Television;

12) the President of the Institute of National Memory-the Committee for the Prosecuting of Crimes against the Polish Nation;

13) Head of the Chancellery: The President of the Republic of Poland, the Sejm, the Senate and the President of the Council of Ministers;

14) a Member and a senator;

15) a judge of the general court and of the military court, the Supreme Court, the administrative courts and the Supreme Administrative Court, as well as the Court of State and the Constitutional Tribunal, the court asesor, the jury of the general court and the juror of the military court The prosecutor's office and the prosecutor's office, and the prosecutor's office.

11. In relation to persons occupying or candidates for posts or performing the functions referred to in paragraph 1. 10 points 5 to 15, applying for access to classified information of international organizations or for access, which is due to result from an international agreement concluded by the Republic of Poland, ABW or SKW, carry out a widened examination procedure. The person entitled to the conduct of the proceedings or the Marshal of the Sejm in relation to the Members or the Marshal of the Senate in relation to the Senators, or if he is entitled to the appointment of the Sejm or the Marshal of the Sejm, shall be requested to carry out this procedure. the appointment is entitled to the Senate.

12. In relation to the candidates for the positions referred to in paragraph. In the case of Members or senators whose duties or senators require access to classified information classified as 'top secret', ABW shall carry out a widened examination procedure. The person entitled to the conduct of the proceedings or the Marshal of the Sejm in relation to the Members or the Marshal of the Senate in relation to the Senators, or if he is entitled to the appointment of the Sejm or the Marshal of the Sejm, shall be requested to carry out this procedure. the appointment is entitled to the Senate.

13. The examination procedure referred to in paragraph 1. 12, in relation to the candidate persons for the posts referred to in paragraph. 10 points 6 to 13, should be completed before the expiry of 14 days from the date of submission of the request for the conduct of this proceeding together with the completed survey referred to in art. 24 ust. 10.

14. In the event of termination of the examination conducted at the request of the Marshal of the Sejm or the Marshal of the Senate by a decision to refuse the issue of security clearance, the President of the Council of Ministers shall provide information on the reasons for this decision respectively The Marshal of the Sejm or the Marshal of the Senate.

15. The President of the Republic of Poland, the President of the Council of Ministers and the Marshal of the Sejm and the Marshal of the Senate shall become acquainted with the provisions on the protection of classified information and shall make a statement of knowledge of these provisions. The declaration shall be kept in the Chancellery of the President of the Republic of Poland, the President of the Council of Ministers, the Sejm or the Senate.

Chapter 6

Appeals and complaints, resumption of proceedings

Article 35. [ References to security attestas] 1. From the decision to refuse to issue the security clearance, to withdraw the security clearance or to remit the examination or check of the examination procedure issued by the entity referred to in art. 23 (1) 2 and 5, the person checked is entitled to the President of the Council of Ministers. The appeal shall not be justified.

2. The appeal shall be lodged within 14 days from the date of service to the person of the examination of the decision referred to in paragraph. 1, through the entity which carried out the examination and/or checking of the examination procedure.

3. The subject referred to in art. 23 (1) 2 and 5, shall be obliged to send the appeal together with the acts of the examination or control proceedings of the examination of the President of the Council of Ministers within 14 days from the date on which he received the appeal.

4. The cancellation shall take place not later than within 3 months from the date of its receipt.

5. The appeal of the appeal shall not suspend the execution of the decision.

Article 36. [ Reference decisions] 1. The President of the Council of Ministers states, by means of the order:

1. inadmissibility of appeal;

(2) failure to comply with the time limit for bringing an appeal.

2. The determination on this matter shall be final and shall include in particular:

1. designation of the authority;

2. date of issue;

3) identification of the person checked;

4. establishment of the legal basis;

5) the settlement and the factual and legal justification;

6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;

7. the signature, stating the name and position of the official, the person authorized to issue it.

3. The President of the Council of Ministers may, at the request of the person checked or ex officio, instruct the competent body to carry out additional activities, including specialised studies referred to in art. 26 par. 6, in order to supplement the evidence and materials in the examination or control proceedings of the examination. In the case where the request for additional operations concerns the re-execution of specialised studies, those tests should be carried out by a different specialist than the tests carried out in the framework of the examination procedure the end of the decision at which the appeal is considered.

4. The President of the Council of Ministers shall issue a decision, in which:

1) maintain in force the decision of the entity which carried out the examination and/or checking of the examination procedure;

2) repeal the decision of the entity which carried out the audit proceedings to verify the completed withholding of security attestament;

3) repeal the decision of the entity which carried out the examination, and instructs it to issue the security certificate;

4) repeal the decision of the entity which carried out the examination or control investigation and forward the case for reconsideration;

5) state the validity of the decision of the entity which carried out the examination and/or checking of the examination procedure.

5. The decision shall include in particular:

1. designation of the authority;

2. date of issue;

3) identification of the person checked;

4. establishment of the legal basis;

5) the settlement and the factual and legal justification;

6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;

7. the signature, stating the name and official position of the person authorised to issue it.

6. After the adoption of the decision or order, the President of the Council of Ministers shall immediately return to the competent body the file of the examination or review investigation procedure.

7. Decisions and orders shall be served in writing to the person to be checked and to the competent body, by notifying the decision or by decision of the person entitled to the position of the position.

8. To the proceedings of appeal, the provisions of Article 4 27, art. 30 par. 4 and Art. 31 shall apply mutatis mutandis.

Article 37. [ Appeals procedure] 1. From the decision of the Plenipotentiary to refuse to issue a security clearance, to withdraw the security clearance, or to cancel the examination or check of the examination procedure, as a result of the ordinary the verifier shall serve, with the exception of the investigations conducted in accordance with Article 4 (1) of the Rules of Procedure. 23 (1) 5, the appeal respectively to the Head of the ABW or the Head of the SKW.

2. The provisions of the Act concerning the appeal proceedings conducted before the President of the Council of Ministers shall be applied to the appeal proceedings conducted before the Head of ABW or Head of the SKW, subject to the paragraph. 3.

3. The reference to the Head of the ABW or the Head of the SKW shall be made by means of a security attorney, who carried out the examination and/or checking of the examination procedure.

Article 38. [ The complaint to the administrative court] 1. An examination shall be brought to the administrative court against the decision or order of the appeal body within 30 days of the date of service.

2. The administrative court adjudicates the complaint at a secret meeting.

3. A copy of the operative part of the sentence shall be served only by the competent appeal body. A copy of the judgment shall be served on the applicant and the person entitled to the cast of office.

4. Following the judgment of the judgment, the administrative court shall immediately return the file of the examination proceedings or the checking of the examination procedure.

5. The application shall apply mutatis mutandis to the cassation complaint. 2 and 3.

Article 39. [ Reopening of the examination procedure] 1. President of the Council of Ministers, agents of protection or entities mentioned in art. 23 (1) 2 and 5 shall resume the examination or review investigation procedure, which shall be completed by a final decision, whether or not a security clearance has been withdrawn, where the decision has been issued only in connection with the the presentation to the person of a verified plea of a criminal offence, an indictment or conviction for a deliberate offence, prosecuted against public prosecution or a deliberate treasury offence, and the criminal proceedings have been subsequently decommitted or acquitted by the person to be checked.

2. The resumption of proceedings shall take place at the office or at the request of the person checked.

3. An application for the reopening of proceedings shall be lodged with the entity which issued the decision in the first instance, within 30 days from the day on which the person checked to find out the circumstances giving rise to the resumption of the proceedings.

4. The examination of the application shall take place no later than within 3 months from the date of its receipt.

(5) The party responsible for the resumption of the procedure shall, by way of order, determine the failure to comply with the time limit in order to apply for the reopening.

6. The attitude referred to in paragraph 1 5, is final and should contain:

1) the designation of the entity;

2. date of issue;

3) identification of the person checked;

4. establishment of the legal basis;

5) the settlement and the factual and legal justification;

6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;

7. the signature, stating the name and official position of the person authorised to issue it.

7. The reopening of proceedings shall take place by way of order.

(8) The determination shall be the basis for the conduct of the proceedings by the competent body as to the reasons for the resumption and the resolution of the substance of the

(9) Refusal of the resumption of proceedings shall be made by decision.

Article 40. [ To be carried out following the reopening of the examination procedure] Authority or body referred to in Article 39 (1) 1, following the procedure laid down in Article 4 (1), 39 (1) 8 shall issue a decision in which:

1) refuses to repeal the decision refusing to issue or withdraw the security clearance if it finds that there are no grounds for its repeal on the basis of art. 39 (1) 1;

2) refuses to repeal the decision to maintain in force the decision to refuse the issue or to withdraw the security clearance if it finds that there are no grounds for its repeal on the basis of art. 39 (1) 1;

3) repeals the decision to refuse to issue the security certificate if it determines the existence of the grounds for its repeal on the basis of art. 39 (1) 1, and issue a new decision on the substance of the matter;

4) repeals the decision to maintain in force the decision to refuse to issue the security clearance and the preceding decision to refuse to issue a certificate if it determines the existence of the grounds for its repeal on the basis of art. 39 (1) 1, and submit the case for reconsideration;

5) repeals the decision to withdraw the security certificate if it determines the existence of grounds for its repeal on the basis of art. 39 (1) 1;

6) repeals the decision to maintain the security clearance decision and the decision to withdraw the security clearance before it has been decided by the decision to withdraw the security clearance, if it finds grounds for its repeal on the basis of art. 39 (1) 1.

Article 41. [ Appeals against refusing to reopen the procedure] 1. From the decision to refuse the resumption of the proceedings referred to in art. 23 (1) 2-5, and from the decision to refuse to revoke the decision issued in the course of the proceedings referred to in Article 23 (1) 2-5, a checked person shall be entitled to the President of the Council of Ministers.

2. From the decision of the security attorney to refuse the resumption of proceedings referred to in art. 23 (1) 1 and Art. 60 par. 2, and from the decision of the protection representative of the refusal to revoke the decision issued in the course of the proceedings referred to in art. 23 (1) 1 and Art. 60 par. 2, the checked person shall be entitled to the Head of the ABW or the SKW Head respectively.

3. From the decision of the Prime Minister to refuse the resumption of the proceedings referred to in art. 35, and from the decision of the Prime Minister to refuse to repeal the decision issued as a result of the proceedings referred to in art. 35, there is no appeal, however, a person checked dissatisfied with the decision may request the President of the Council of Ministers to reconsider the case.

4. From the decision of the Head of the ABW or the SKW boss about refusing to resume the proceedings referred to in art. 37, and from the decision of the Head of the ABW or the SKW to refuse to repeal the decision issued in the course of the proceedings referred to in Art. 37, there is no appeal, however, a person who is not satisfied with the decision may request the Head of the ABW or the SKW to reconsider the case, as appropriate.

Chapter 7

Office secret. Physical security measures

Article 42. [ The creation of a secret law firm] 1. The head of the organizational unit, in which classified information is processed with the "secret" or "top secret" clause, creates a law firm, hereinafter referred to as the "secret law firm", and employs its manager.

2. In the case of legitimate organisational considerations, the head of the business unit may create more than one secret firm.

3. In justified cases, with the consent of ABW or SKW respectively, you can create a secret law firm serving two or more organizational units. The subordination, the lineup and the rules of financing such a law firm will be determined by the relevant managers of the organizational units.

4. The secret cancellery constitutes an isolated organizational cell, in the scope of protection of classified information subordinate to the security representative, served by the security of the security vertical, responsible for proper recording, storage, circulation and the issue of materials to authorized persons.

5. The head of the business unit can consent to the processing of classified information in the law firm with the "confidential" or "reserved" clause.

6. The head of the business unit shall inform ABW or SKW, respectively, about the creation or liquidation of the secret law firm, with the determination of the classification of classified information processed in it.

Article 43. [ Organisation of the work of the law firm] 1. The organization of the work of the secret office shall ensure the possibility of establishing in all circumstances, where the material of the "secret" or "top secret" clause is located, remaining at the disposal of the organizational unit and who with this material acquainted with it.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the organisation of work other than the secret office of the cells in which the material of the 'confidential' clause is recorded.

3. The head of the organizational unit approves, the manner developed by the security attorney and the mode of processing classified information about the "confidential" clause in the subordinate organizational cells.

4. The head of the organizational unit, in which classified information is processed with the "confidential" or higher clause, approves the documentation of the protection agent setting out the level of threats associated with unauthorised access to classified information or loss thereof.

5. The head of the organizational unit approves, elaborated by the security attorney, the instruction on how and mode of processing classified information about the "reserved" clause in the subordinate organizational cells and the scope and conditions the use of physical security measures to protect them.

6. The secret Kancelaria or the cell referred to in paragraph. 2, refuses to make available or issue material to an unauthorised person.

Article 44. [ Other organizational cells] 1. In the organizational units referred to in art. 47 para. 3, it is permissible to organize other than law firm secret organizational cells responsible for the processing of classified materials. In duly justified cases, the duties of the protection agent, excluding the conduct of investigations, may take over the head of that organisational cell.

2. To the organizational cells referred to in the paragraph. 1, the provisions of art. 46 shall apply mutatis mutandis.

Article 45. [ Physical Security Measures] 1. The organisational units in which classified information is processed shall apply physical security measures appropriate to the level of threats in order to prevent unauthorised persons from access to such information, in particular protecting against:

1) the operation of foreign special services;

2) terrorist attack or sabotage;

3) theft or destruction of the material;

4) an attempt to enter persons not entitled to the premises where classified information is processed;

5) unauthorised access to information of a higher classification level not resulting from the possessment of the privileges.

2. The scope of application of physical security measures depends on the level of threats associated with unauthorised access to classified information or loss thereof.

3. In determining the level of threats referred to in paragraph. 2, account shall be taken in particular of the risks involved, the classification level and the number of classified information. In justified cases, the indications of ABW or SKW shall be taken into account when determining the level of risk.

Article 46. [ Actions to prevent access to classified information] In order to prevent unauthorised access to classified information of a "confidential" or higher clause, it shall, in particular, be:

1) organize protection zones;

2) introduce a system of inspection of the entrances and exits from the protection zones;

3) specify the privileges to be present in the protection zones;

4. use equipment and facilities for the protection of classified information which have been awarded the certificates.

Article 47. [ Delegations] 1. The Council of Ministers shall determine by way of regulation:

1. the basic criteria and means of determining the level of hazards and the selection of physical security measures appropriate to the level of hazard indicated;

2) the requirements for the organization and functioning of the secret law firm;

(3) the risks to be taken into account in determining the level of risk;

4) basic elements, which should include a plan for the protection of classified information;

5) the scope of application of physical security measures;

6. criteria for the creation of protection zones;

7) the organizational structure of the secret law firm, taking into account the possibility of creating its branches;

8) the basic tasks of the Chancellery Manager;

9) the manner and mode of processing of classified information;

10) the model of the card acquaying the document;

11) records of the records of the records.

2. In the Regulation referred to in paragraph. 1, the Council of Ministers will take into account the need to rationalise the outlays incurred by the organizational units in terms of creating a system of security of physical classified information, in accordance with the principles set out in the Act.

3. The Ministers competent for internal affairs, informatization, public administration, foreign affairs, public finance, budget and financial institutions, Minister of National Defence, Minister of Justice, President of the National Bank of Poland, President of the Supreme Chamber of Control, First President of the Supreme Court, Prosecutor General, Head of the Chancellery of the President of the Republic of Poland, the Sejm, the Senate, and the President of the Council of Ministers, Head of the Internal Security Agency, Head of the Intelligence Agency, Head of Military Contrintelligence Service, Head of the Intelligence Service Military, Head of the Central Anti-Corruption Bureau, Chief of the Police Chief, Chief of the Main Border Guard, Head of the Government Protection Bureau, as well as President of the Institute of National Remembrance-Commission of the Prosecution of Crimes against the Polish Nation, will determine, in by order of management, each in respect of its activities, the particular way of organisation and functioning of the secret chambers and of the organizational cells referred to in art. 44 par. 1, the manner and mode of processing of classified information and the selection and application of physical security measures.

4. The Minister for Culture and Protection of the National Heritage shall determine, by order, for state archives the specific manner and mode of processing of classified information constituting the archival resource of these archives, selection and the application of physical security measures and the organisation of organizational cells responsible for the processing of classified materials.

5. The President of the Council of Ministers shall determine by way of regulation:

1) the mode and manner of the transmission, reception, transportation, rendition and protection of materials;

2. the way in which the consignors of the consignments contain classified information and the requirements to be fulfilled by those consignments;

3) the conduct of the entities which carry out the tasks of transporters of these materials, with consignments containing classified information;

4) the manner of documenting the acceptance by the carriers of the consignments and their issuing of the addressees, together with the annexes in the form of models of the necessary forms;

5) the conditions of protection and means of securing the shipments by the carrier and the conditions which must be fulfilled by the means of transport used by it and participating in the convoys of the person;

6) how to proceed in the event of unforeseen circumstances liable to affect the safety of the consignment;

7) conditions of the transport of materials outside the borders of the Republic of Poland.

6. In the Regulation referred to in paragraph. 5, the President of the Council of Ministers will take into account the need to protect the materials against unauthorised disclosure, loss, damage or destruction, and specific protection conditions due to the size or nature of the material.

Chapter 8

Teleinformatic security

Article 48. [ Accreditation certificate for the security of the IT system] 1. The information and communication systems in which classified information is to be processed shall be subject to the accreditation of the security of the computer.

2. Accreditation referred to in the paragraph. 1, shall be granted for a fixed period of not more than 5 years.

3. ABW or SKW shall grant the IT security accreditation for the IT system intended for processing classified information with a "confidential" or higher clause.

4. ABW or SKW shall grant or refuse to grant the accreditation referred to in paragraph 1. 3, within 6 months of receipt of the complete documentation of the security of the IT system. In justified cases, in particular arising from the extent of the system and the extent of its complexity, this period may be extended by a further 6 months. The refusal to grant accreditation shall not be used.

5. An acknowledgement by ABW or SKW of the accreditation referred to in paragraph. 3, is a certificate of security accreditation of the IT system.

6. The certificate referred to in paragraph. 5, it appears on the basis of:

1) approved by ABW or SKW the documentation of the security of the IT system;

2) the results of the audit of the security of the IT system conducted by ABW or SKW.

7. The certificate referred to in paragraph. 5, it shall contain:

1. designation of the authority;

2. date of issue;

3) the designation of the applicant for his/her application;

4) an indication of the subject subject to the security accreditation of the ICT system;

5. establishment of the legal basis;

6) the settlement and the factual and legal justification;

7) indication of the period of validity of the certificate

8. the signature, giving the name and position of the person authorized to issue it.

8. ABW or SKW may refrain from carrying out an audit of the security of the ICT system referred to in paragraph. Article 6 (2), if the system is intended to process classified information with a 'confidential' clause.

9. The head of the organizational unit grants the accreditation of the IT security for the IT system intended for processing classified information about the clause "reserved" by the approval of the security documentation the ICT system.

10. Where the system referred to in paragraph 1 9, it will function in more than one organisational unit, the accreditation referred to in the paragraph. 9, gives the head of the system organizing the system.

11. Within 30 days of the granting of the IT security accreditation referred to in paragraph. 9, the head of the business unit shall provide ABW or SKW, respectively, of the security documentation of the IT system.

12. Within 30 days of receiving the security documentation of the ICT system ABW or SKW may present to the manager of the organizational unit, which has granted the accreditation of the IT security, recommendations on necessity to carry out additional tasks related to the security of classified information. The head of the business unit shall, within 30 days of receipt of the recommendation, inform ABW or SKW respectively about the implementation of the recommendations. In particularly justified cases, ABW or SKW may order the processing of classified information to be withheld in a telecommunications system which has an accreditation of a IT security.

13. The President of the Council of Ministers shall determine, by means of a regulation, the model of the security accreditation certificate of the IT system.

14. In the Regulation referred to in paragraph. 13, the President of the Council of Ministers shall include in the model certificate the scope of the data referred to in paragraph. 7 and ensure that the model certificates issued by ABW and SKW are diversified.

Article 49. [ Content of the specific security requirements of the IT system] 1. The document of the specific requirements of the security of the ICT system should include in particular the results of the process of assessing the risk for the security of classified information processed in the ICT system and determine the adopted in the risk management framework of achieving and maintaining an adequate level of system security, and describing aspects of its construction, operating and operation principles that are related to or affect the safety of the system safety. The mileage and results of the risk assessment process may be presented in a separate document than the specific safety requirements document.

2. The document of specific safety requirements shall be developed at the design stage, if necessary consult ABW or SKW, keep up to date at the stage of implementation and modify during the operation stage before making changes to the system IT.

3. A document of safe operation procedures shall be developed at the stage of implementation and shall be modified during the operational phase before the changes are made to the IT system.

4. The basis for making any changes in the IT system is to carry out the process of estimating the risk for the security of classified information processed on this system.

5. The head of the organizational unit in which the IT system will operate shall be responsible for the development and transmission of ABW or SKW, respectively, of the security documentation of the IT system, subject to the art. 48 (1) 9.

6. In the event that the ICT system will operate in more than one organisational unit, the security documentation of the IT system shall be the responsibility of the unit manager for the development and transmission of ABW or SKW, respectively. arranging the system.

7. The Head of Business Unit shall accept the results of the risk assessment process for the security of classified information and shall be responsible for the appropriate security organisation of the IT security.

8. Within 30 days of receipt of the security documentation of the IT system intended for processing classified information of the "confidential" or higher ABW or SKW clause, it shall carry out an assessment of the security of this system on its basis. The positive outcome of the assessment is the basis for approval by ABW or SKW of the security documentation of the IT system. In justified cases, in particular due to the degree of complexity of the system, the time limit for conducting the assessment may be extended for a further 30 days.

9. The President of the Council of Ministers will determine, by way of regulation, the basic requirements of the IT security, which should correspond to the IT systems, the necessary data to be included in the documentation of the systems security Information and development of this documentation.

10. In the regulation referred to in paragraph. 9, the President of the Council of Ministers will take into account in particular the risk management requirements and the provision of confidentiality, integrity and availability of classified information processed in ICTs.

Article 50. [ Device Certifications] 1. Electromagnetic protection measures designed to protect classified information of a "confidential" or higher classification shall be subject to the examination and safety assessment of the certification carried out by ABW or SKW.

2. Crypto devices and cryptography tools for the protection of classified information shall be subject to testing and safety assessment in the framework of the certification conducted by ABW or SKW.

3. ABW or SKW, at the request of the party concerned, shall carry out the certification of the device or a tool for the implementation of the IT security, intended for the protection of classified information.

4. Positive results of safety assessments obtained on the basis of the results of the examinations carried out within the certification referred to in paragraph. 1-3, they form the basis for the issuance by ABW or SKW of an electromagnetic protection certificate, a cryptographic protection certificate or a telecommunication security certificate. Certificates shall be issued, depending on the results of safety assessments, for a period of not less than 3 years. No reference is used since the certificate is denied.

5. The certificates referred to in paragraph. 1-3, are carried out by ABW or SKW with the omission of the property referred to in art. 10 para. 2 and 3.

6. The Head of ABW or the Head of the SKW may instruct an external entity to examine the device or tool for the protection of classified information, on the terms, conditions and within the scope of which they are defined.

7. Without the need to carry out tests and assessments, the Head of ABW or the Head of the SKW may allow for use in a telecommunications system intended for the processing of classified information about the "restricted" clause of a device or cryptographic tool, if they have received an appropriate certificate issued by the national security authority of a Member State of NATO or of the European Union or other authorised authority in NATO or in the European Union.

Article 51. [ Schemes exempted from the accreditation obligation] 1. The accreditation procedure referred to in Article 1 48 (1) 1, they shall not be subject to the information and communication systems located outside the protection zones, and for the purpose of the direct acquisition and transmission of information and the recording of evidence in the course of the operational and surveillance activities, or to the parties entitled to do so. The exclusion of the accreditation obligation does not cover the interfaces referred to in art. 179 (1) 4a of the Act of 16 July 2004. -Telecommunications law (Dz. U. of 2014 items 243, of late. zm.), as well as systems with them cooperating.

2. The obligation of accreditation referred to in art. 48 (1) 1, and security studies and assessments in the framework of the certification processes conducted by ABW or SKW shall not be subject to the information technology systems, equipment or cryptographic tools used by AW or SWW for obtaining or processing classified information during the execution of operational and reconnatal activities outside the borders of the Republic of Poland and the separated positions used exclusively for the reception and processing of this information on the territory of the Republic of Poland.

Article 52. [ Business Unit Manager Tasks] 1. The head of the organizational unit shall designate:

1) the employee or employees of the security vertical acting as the IT security inspector, responsible for the verification and day-to-day control of compliance of the functioning of the ICT system with specific requirements safety and compliance with safe operation procedures;

2) the person or team of persons, who are not part of the IT security officer responsible for the functioning of the ICT system and for complying with the security rules and requirements provided for the system (hereinafter referred to as 'the system administrator').

2. In justified cases, with the consent of ABW or SKW, the system administrator or the IT security inspector may perform tasks in more than one organizational unit on the basis of the agreement of the competent company managers organizational.

3. ABW and SKW provide the managers of the organizational units of the assistance necessary to carry out their tasks, in particular by issuing recommendations in the field of IT security.

4. The posts or functions referred to in paragraph 1. 1, may occupant or perform persons meeting the requirements referred to in art. 16, after the provision of specialist IT security training conducted by ABW or SKW.

5. The costs of the training referred to in paragraph. 4, the cover of an organizational unit in which a trained person is employed, fully served or carried out the work commissioned, subject to the paragraph. 6.

6. The organizational units referred to in art. 1 (1) Article 2 (2), and the Police, do not cover the costs of training carried out by ABW or SKW.

7. The reciprocal rights and obligations of the training entity, the participant of the training referred to in paragraph. 4, and the organizational unit in which the trained person is employed, serve or performs the activities commissioned, determines the contract concluded between this entity, the participant in the training and the organization unit.

Article 53. [ Fees] 1. For carrying out the activities referred to in Art. 48 (1) 3-6 and art. 50 par. 1-4, Tolls are charged.

2. From the fees referred to in paragraph. 1, the organization units which are the budget units are exempt.

3. Entrepreneurs required on the basis of separate laws for the performance of public tasks for defence, state security and security and public order are exempt from the fees for carrying out the activities referred to in art. 48 (1) 3-6, in the case of the security accreditation of the teleinformatics systems necessary for the performance of these tasks.

4. The President of the Council of Ministers shall determine, by way of regulation, the detailed manner and mode of setting the amount and the collection of the fees referred to in paragraph. 1.

5. By issuing the regulation referred to in paragraph 1. 4, account shall be taken of:

1. the total costs incurred in carrying out the operations referred to in Article 3. 48 (1) 3-6 and art. 50 par. 1-4;

2) the amount of the base amount in the form of the amount of the average monthly remuneration in the enterprise sector without payment of the profit prizes in the fourth quarter of the previous year, announced by the President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. with loans and student loans;

3) the amount of the individual fees referred to in the paragraph. 1, which is a multiplicity of the amount of the basic amount, according to the complexity of the operations carried out;

4) the maximum amount of the fees referred to in paragraph. 1, equivalent to the amount not exceeding 100 times the basic amount;

5) the minimum amount of the fees referred to in paragraph. 1, equivalent to 0.1 of the basic amount, per hour of work of the person performing the specified activities;

6. the need for a swift and rapid process of setting and collecting the fees referred to in paragraph. 1.

Chapter 9

Industrial security

Article 54. [ Ability to protect classified information] 1. The condition of access of the trader to classified information in connection with the execution of contracts or tasks resulting from the provisions of the law, hereinafter referred to as "contracts", is the ability to protect classified information.

2. A document confirming the ability to protect classified information of a "confidential" clause or a higher one is a certificate of industrial safety, hereinafter referred to as a "certificate", issued by ABW or SKW after the conduct of security proceedings industrial.

3. In the case of an entrepreneur performing an activity one person and personally the ability to protect classified information confirms the security clearance authorizing access to classified information of a classification of "confidential" or higher, issued by ABW or SKW, and a certificate of the provision of classified information protection issued by ABW or SKW.

4. The provision of the paragraph. 3 shall not apply if the obligation to obtain the certificate is a result of the international agreement ratified by the Republic of Poland or the internal law of the party containing the contract.

5. To the entrepreneur referred to in the paragraph. 3, the provisions of this Chapter shall not apply, with the exception of Article 3. 60 and Art. 61 (1) 1 in the part concerning the examination proceedings.

6. The provisions of the paragraph. 1-5 shall also apply to economic operators who are subcontractors of contracts where they are involved in the access to classified information.

7. Heads of the Chancellery of the President of the Republic of Poland, the Sejm, the Senate or the President of the Council of Ministers or the minister competent for a specific department of the government administration, the President of the National Bank of Poland or the Head of the Central Office, and in the case their absence-the Head of ABW or the Head of the SKW, may give written consent to provide classified information with a 'confidential' clause or to a higher operator against whom industrial security or verification proceedings have been initiated. A certified copy of the consent shall be transmitted to ABW or SKW respectively.

8. In particularly justified cases, the entities referred to in paragraph. 7, may express written consent for the one-off provision of specified classified information to the non-holder of the relevant certificate or security certificate in the case of the entrepreneur referred to in the paragraph. 3 and for which industrial safety is not carried out or the investigation procedure is not carried out.

9. In the event that an entrepreneur intends to execute contracts related to access to classified information about the "restricted" clause, the certificate is not required.

10. Entrepreneur referred to in paragraph 9, is required to meet the requirements of the Act on the protection of classified information of the "restricted" clause, except for the requirement of employment of a security attorney, if it executes a contract related to access to this information, excluding the possibility of their processing in the objects that it is using.

Article 55. [ Certificate confirming the ability to protect classified information] 1. Depending on the degree of ability to protect classified information with a "confidential" or higher clause, the certificate shall be issued as follows:

1) the first degree-confirming the entrepreneur's full ability to protect this information;

2) a second degree-confirming the entrepreneur's ability to protect this information, excluding the possibility of their processing in their own information and communication systems;

3) a third degree-confirming the entrepreneur's ability to protect this information, excluding the possibility of their processing in the facilities used by him.

2. Certificate confirming the ability to protect classified information about the clause:

1. "Top Secret" confirms the ability to protect classified information about the clause:

(a) "top secret" shall, for a period of five years from the date of issue,

(b) "secret" shall, for a period of seven years from the date of issue,

(c) "confidential"-for a period of 10 years from the date of issue;

2. "secret" confirms the ability to protect classified information about the clause:

(a) "secret" shall, for a period of seven years from the date of issue,

(b) "confidential" shall, for a period of 10 years from the date of issue;

3. "confidential" shall confirm the ability to protect classified information of this clause for a period of 10 years from the date of issue.

3. ABW or SKW shall issue separate certificates confirming the ability to protect classified information with a foreign clause equivalent to the "secret" or "confidential" clause, used by international organizations. The provisions of the paragraph 2 shall apply mutatis mutandis.

4. The certificate shall cease if:

1. the period of validity referred to in paragraph 1 has expired. 2;

2) the entrepreneur has renounced the powers specified in the certificate;

3) the entrepreneur was taken over by another entity or liquidated.

Article 56. [ Industrial security procedure] 1. Industrial security proceedings shall be carried out at the request of the entrepreneur. The request does not require a justification.

2. In the application, the entrepreneur determines the degree of certificate and the classification of classified information, the ability of which to be protected is to confirm the certificate.

3. The entrepreneur's application shall include an industrial safety questionnaire, hereinafter referred to as a "questionnaire", and a survey or a copy of the security attestats of the persons referred to in art. 57 (1) 3.

4. ABW or SKW may call on the entrepreneur to supplement the formal deficiencies in the application and its annexes within 30 days from the date of receipt of the call, under the rigorous leave of the application without consideration.

Article 57. [ The scope of industrial security proceedings] 1. Industrial security proceedings shall include the examination of the entrepreneur and the proceedings to check the persons mentioned in the mouth. 3.

2. The examination of the entrepreneur, including on the basis of the data contained in the registers, records, records, also unavailable universally, includes:

1) the structure of capital and the capital associations of the entrepreneur, the sources of origin of funds and the financial situation;

2. organisational structure;

3) a system of protection of classified information, including physical security measures;

4. all persons forming part of the governing bodies, control bodies and persons acting under their authority;

5) in particularly justified cases of persons with security attestative.

3. In the course of industrial security proceedings and during the period of validity of the certificate, investigations shall be carried out against persons who do not have adequate security certificates or subsequent enquiring proceedings against:

1) the entrepreneur's manager;

2. a security representative and his deputy;

3) persons employed in the security vertical;

4) the administrator of the telecommunicating system;

5. the other persons indicated in the questionnaire, which should have access to classified information.

4. In relation to the persons referred to in paragraph. 3 points 1 to 4, the relevant security clearance means a certificate authorising access to classified information which is not lower than that indicated in the trader's application for a certificate.

Article 58. [ Data contained in the questionnaire] 1. The performance of the entrepreneur and the persons mentioned in art. 57 shall be carried out on the basis of the data contained in the questionnaire and other information obtained during the course of the industrial security investigation, in order to assess the ability of the trader to protect classified information.

2. The questionnaire contains:

1) data identifying the entity to be checked, including the determination of its legal status;

2) data on the structure of capital and of the entrepreneur's capital ties;

3) data on the sources of origin of financial resources and the financial situation of the entrepreneur;

4) data on the entrepreneur's organisational structure;

5) data concerning the persons referred to in art. 57 (1) 2 point 4;

6) data on the system of protection of classified information of the entrepreneur, including the applied physical security measures;

7. the list of workers with security credentials entitling them to access classified information;

(8) a list of the staff members who should be subject to the widening of the examination procedure;

9) a list of persons who, on the part of the entrepreneur, perform or will perform functions related to the protection of classified information;

10) signature of the person authorized to submit statements of will on behalf of the entrepreneur.

Article 59. [ End of industrial security investigation] Industrial security shall be completed within a period of not more than six months from the date of submission of all the documents necessary for it to be carried out.

Article 60. [ Actions performed by organizational unit security proxy] 1. In the case of industrial security proceedings conducted in order to issue the certificate referred to in art. 55 par. 1 point 3, the employment of the security representative and the creation of a security vertical shall not be required, except for the application for a certificate confirming the ability to protect classified information with a foreign clause equivalent to the "secret" clause or "confidential", which is used by international organisations.

2. The security attorney for the protection of the organizational unit ordering the execution of the contract, from which the execution of the access to the classified information with the "confidential" clause, may carry out the ordinary examination and information protection training implicit in respect of the persons referred to in Article 57 (1) 3 point 5 in the case of industrial security proceedings referred to in art. 55 par. 1 point 3. The relevant conclusions of the entrepreneur's manager shall submit to the manager of the organizational unit who contract execution of the contract

Article 61. [ Reimbursement of costs of conduct] 1. For carrying out the examination of the trader and of the investigations of the persons referred to in the Article. 57 (1) 3, with the exception of the examination proceedings referred to in art. 32 par. 4 and art. 33 (1) 1, ABW or SKW shall be entitled to reimbursement of the flat-rate cost of carrying out the tasks of the operator's checks and of the examination proceedings.

2. The President of the Council of Ministers shall determine, by means of a regulation, the amount of the flat-rate costs referred to in paragraph 1. 1, and the mode of their return, taking into account that the amount of the costs should not exceed 7 times the amount of the average monthly remuneration in the enterprise sector without the disbursements of the profit in the fourth quarter of the previous year, announced by President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. about loan and student loans.

Article 62. [ Closure of industrial security proceedings] ABW or SKW shall be the subject of an industrial security investigation, including investigations into the persons referred to in Article 4. 57 (1) 3, in the case of:

1) withdrawal by the entrepreneur of the application for the issue of a certificate;

2) the issuance of a decision prohibiting the conduct of an economic activity by the entrepreneur;

3) take over or liquidate the entrepreneur.

Article 63. [ Suspension of industrial security proceedings] 1. ABW or SKW shall suspend or take industrial security proceedings, including investigations of the persons referred to in art. 57 (1) 3, at the request of the trader.

2. ABW or SKW may ex officiate suspend the proceedings of industrial security, including investigations against the persons referred to in Article 57 (1) 3, in the case of:

1) the issue by another body of the decision ordering the entrepreneur to hold the business;

2) the opening of insolvency proceedings against the entrepreneur;

3) not regulating within the period of public-law liabilities;

4) addiction of the result of the assessment of the entrepreneur's ability to protect classified information from the prior settlement of the preliminary issue by another body or court.

3. ABW or SKW shall be taken by the office of an industrial security investigation, including investigations against the persons referred to in art. 57 (1) 3, suspended on the basis of the paragraph. 2, after the reasons for suspension have been established.

Article 64. [ Refusal to issue a certificate] 1. Industrial security proceedings shall end with the issuance by ABW or SKW of the certificate in accordance with the entrepreneur's request or the decision to refuse the issue of the certificate or the decision to discontinue industrial security proceedings.

2. ABW or SKW refuses to issue a certificate, stating the lack of ability to protect classified information, because of:

1) to refuse to issue or revoke the security attestative to the person or persons who hold the position of the entrepreneur's manager;

2) the impossibility of establishing the capital structure and sources of origin of the funds remaining at the entrepreneur's disposal;

3) not to organise, within 6 months from the date of initiation of the proceedings, a comprehensive system of protection of classified information in the case of applying for first or second degree certificates;

4) to withheld data in a questionnaire or to provide untrue data in the questionnaire;

5) provide untrue information about the changes in the data contained in the questionnaire.

3. ABW or SKW may refuse to issue a certificate, stating the lack of ability to protect classified information, because of:

1) disclosure, as a result of the examination of the persons mentioned in art. 57 (1) Article 2 (4), in the course of industrial security, the uncertainable doubts referred to in Article 4 (4). 24 ust. 2 points 1-3 or 5 or in art. 24 ust. 3;

2) non-notification within 30 days of the modification of the data included in the questionnaire during the course of industrial security proceedings.

Article 65. [ Control of the ability to protect classified information from unauthorised disclosure] 1. ABW or SKW, during the period of validity of the certificate, may carry out from the office a check of the entrepreneur in terms of the elements referred to in art. 57 (1) 2, in order to determine whether it has not lost its ability to protect classified information from unauthorised disclosure.

2. In the case when the certificate was issued by ABW, and the entrepreneur implements the contract for the organizational units referred to in art. 1 (1) 2 point 2, SKW-when, in the course of the implementation of the contract, revealed facts indicating the possibility of the entrepreneur loss of the ability to protect classified information-may occur to ABW for the carrying out of the audit referred to in art. 10 para. 1 point 1, or the verification referred to in Article 1 57 (1) 2.

3. In the control referred to in art. 10 para. 1 point 1, or the verification referred to in Article 57 (1) 2 point 3, soldiers and/or SKW officers may participate. Prior to the audit or examination referred to in Article 57 (1) 2 point 3, authorised servicemen or SKW officers may refer to the records of industrial security proceedings in the scope of control or examination.

4. In the case of the issue of the certificate by SKW and the implementation by the entrepreneur of contracts for the benefit of other organizational units than those mentioned in art. 1 (1) Article 2 (2) of the Rules of 2 and 3 shall apply mutatis mutandis to ABW and its officers.

Article 66. [ Withdrawal of the certificate] 1. The results of the examination of the entrepreneur from the office or the establishment of the control of the protection of classified information may give rise to the decision to withdraw the certificate

2. ABW or SKW withdraws the certificate, stating the loss of the ability to protect classified information, because of:

1) to refuse to issue or revoke the security attestative to the person or persons who hold the position of the entrepreneur's manager;

2) the impossibility of establishing the capital structure and sources of origin of the funds remaining at the entrepreneur's disposal;

3) loss of the functionality of the system of protection of classified information;

4) providing non-real data or withheld data in the framework of the transferred ABW or SKW information about changes in the data contained in the questionnaire.

3. ABW or SKW may withdraw the certificate, stating the loss of the ability to protect classified information, because of:

1) disclosure, as a result of the checks of the persons mentioned in art. 57 (1) Article 2 (4), in the course of industrial security, the uncertainable doubts referred to in Article 4 (4). 24 ust. 2 points 1-3 or 5 or in art. 24 ust. 3;

2) failure by the entrepreneur to comply with the obligation referred to in art. 70 par. 1.

4. The withdrawal of the ABW or SKW certificate shall immediately inform the organisational units which have entered into contracts with the trader.

Article 67. [ Content of the refusal or revocation of the certificate] (1) The certificate, the decision to refuse the certificate and the decision to withdraw the certificate shall include:

1. the designation of the authority which issued, refused to issue or withdrew the certificate;

2) an indication of the place and date of the issue;

3) the name of the entity, the address of its registered office, the number in the National Court Register and the REGON number;

4) the legal basis;

5) statement of the issue of the certificate, refusal or withdrawal of the issue;

6) in the case of the issue of the certificate-its degree, the classification clause and the term of validity;

7) the imitation stamp and signature of the authorized officer of ABW or the officer or soldier of SKW.

2. The decision to refuse the issue and the decision to withdraw the certificate shall state the factual and legal reasons and the statement of admissibility and the time limit for the transfer:

1) appeals to the President of the Council of Ministers;

2) complaints to the administrative court.

3. The factual justification in the part containing the classified information shall be protected under the conditions set out in this Act.

Article 68. [ Delegations] 1. The Council of Ministers shall determine, by means of regulations, models:

1) Questionnaire;

2. certificates;

3) a decision not to issue a certificate;

4. the decision to withdraw the certificate.

2. In the Regulation referred to in paragraph. 1, the Council of Ministers will include in the questionnaire the scope of the data referred to in art. 58 par. 2 and its transparency and legibility to the trader, and in relation to the model certificates and decisions will take into account the scope of the data referred to in art. 67 par. 1 and 2 and ensure the diversity of the model certificates and decisions issued by ABW and SKW.

Article 69. [ The appeal against the decision to discontinue industrial security proceedings] 1. From the decision to cancel the industrial security proceedings, the refusal of the issue and the withdrawal of the certificate of the entrepreneur shall be entitled to the President of the Council of Ministers, on whose decision or order shall be entitled to a complaint to the court administrative.

2. The appeal and the complaints referred to in paragraph. 1, the provisions of Article 1 shall apply mutatis mutandis. 35, art. 36 and art. 38.

3. In the case of the issue of a decision prohibiting the conduct by the entrepreneur of an economic activity, taking over or liquidation of the entrepreneur, the President of the Council of Ministers shall appeal proceedings.

Article 70. [ Obligations of the entrepreneur during the course of industrial security proceedings] 1. The entrepreneur, during the course of industrial security proceedings, as well as during the period of validity of the certificate, shall be obliged to inform within 30 days of ABW or SKW respectively about:

1) changes in the data contained in the questionnaire, announcing the bankruptcy, liquidation or dissolution of the organizational unit or other form of termination by it of the activity, termination of the contract and termination of the execution of the contract;

2) the conclusion of an agreement related to access to classified information with a "confidential" or higher clause, with particular reference to the name and address of the organizational unit containing the contract, the subject matter of the contract and the highest classification of information implicit access to which the access will be associated with the performance of the contract, the termination of the contract and the termination of the contract;

3) conclusion of the contract with the subcontractor, related to access to classified information about the "confidential" clause or higher, termination of the said contract and completion of its execution.

2. The entrepreneur, at the time of the implementation of the contract, shall be obliged to inform the person referred to in art without delay. 71 (1) 3, o:

1) changes to the system of protection of classified information;

2) changes of the persons performing the contract;

3) the need for concluding with the subcontractor of the contract related to access to classified information.

3. In cases where the contracting entities are the organisational units referred to in art. 1 (1) Article 2 (2), ABW, after the trader has obtained the information referred to in paragraph 2. 1 point 2, it shall be transmitted to SKW.

4. Where the entity containing the contract is a different organization unit than the one mentioned in the paragraph. 3, SKW after obtaining from the trader the information referred to in the mouth. 1 point 2, it shall be transmitted to ABW.

Article 71. [ Industrial safety manual] 1. An organizational unit containing an agreement relating to access to classified information with a "confidential" or higher clause shall be responsible for the introduction of an industrial safety statement to the contract, specifying:

1) the detailed requirements for the protection of classified information of the "confidential" or higher clause, which will be transferred to the entrepreneur in connection with the performance of the contract, appropriate to the number of such information, the classification classification and the number of persons having to their access;

2) the effects and responsibilities of the contractor of the contract for the non-performance or improper performance of obligations under this Act, as well as failure to comply with the requirements laid down in the industrial safety manual.

2. An industrial safety statement shall specify in particular:

1) the secrecy clauses of individual materials or types of materials which will be manufactured by the entrepreneur in connection with the performance of the contract;

2) the way of dealing with the non-listed materials, which will be transferred to the entrepreneur or made by him in connection with the execution of the contract.

3. The manager of an organizational unit containing an agreement related to access to classified information about the "confidential" or higher clause designates the person responsible for supervising, control and advice on the exercise of the entrepreneur's obligation protection made in connection with the execution of the contract or the classified information provided to it.

4. If, in connection with the performance of the contract, classified information is created, the appropriate security classification shall give the person referred to in art. 6 para. 1, as indicated in the industrial safety statement, and in the absence thereof, after agreement with the person referred to in paragraph. 3.

5. The organizational unit, which has entered into an agreement relating to access to classified information with a "confidential" or higher clause, shall have the following obligation:

1. to inform ABW or SKW accordingly, as appropriate:

(a) the name and address of the trader with whom the contract is concluded,

(b) the contract,

(c) the highest necessary classification of classified information, to which access will be associated with the performance of the contract,

(d) infringement of the provisions on the protection of classified information in the undertaking with which the contract is concluded,

(e) termination of the contract;

2. the immediate transmission of ABW or SKW respectively:

(a) a copy of the industrial safety instructions referred to in paragraph 1. 1,

(b) a copy of the certificate of the operator with which the contract

6. In cases where contracting entities are contracting entities referred to in art. 1 (1) 2 point 2, and the certificate was issued by ABW, the obligation referred to in the paragraph. 5, is also implemented against SKW.

7. Where the entity containing the contract is a different organization unit than the one mentioned in the paragraph. 6, and the certificate was issued by SKW, the obligation referred to in the mouth. 5, is also carried out against ABW.

Chapter 10

Records and records of investigations, inspection investigations and industrial security investigations

Article 72. [ Record provided for inspection] 1. The records of investigations or checks of investigations carried out by the services and institutions entitled to conduct widened investigations and records of industrial security proceedings shall be made available to the Inspection or transfer only on written request:

1) to the court or the prosecutor for the purposes of criminal proceedings;

2. the services and bodies authorized to carry out widened checks for the purpose of the examination of the same person;

(3) to the competent authority in order to check the correctness of the proceedings, excluding the proceedings referred to in Article 3 (2) of the EC 23 (1) 5;

4. to the competent authority for the purpose of examining the appeal or complaint;

5) administrative court in connection with the handling of the complaint.

2. The provision of the paragraph. 1 point 2 shall not apply to the act of investigation or control proceedings of investigations carried out by AW, ABW, SKW or SWW. The file of such proceedings may be made available for inspection solely for the purpose of a verification procedure conducted by the same service to the same person.

3. The record of ordinary investigations and checks of checks may be made available for inspection and transmitted in the cases referred to in paragraph. 1 and for the purposes of the examination or review of the conduct of the examination against the same person.

4. The records of the normal investigations and checks of the examination proceedings may be made available for inspection by the person to be checked, except in respect of third party data.

5. Once the record is used, the records are returned immediately.

6. Upon termination of the examination, the review investigation or the industrial security proceedings, the records of these proceedings shall be kept for at least 20 years, taking into account the provisions of the Act of 14 July 1983. about the national archival resource and archives (Dz. U. of 2015 items 1446 and from 2016. items 352) and implementing acts issued on the basis of:

1) as an isolated part in the archives of the services and institutions which have carried out these proceedings;

2) by a security attorney or in a security vertical-in the case of the act of ordinary investigations and checking of the investigations carried out by that representative.

7. In the event of termination, abolition, liquidation, transformation or reorganization of the organisational unit of the files referred to in paragraph. 6, takes over the legal successor, and in the absence of the legal successor, ABW or SKW.

Article 73. [ Records of persons entitled to access classified information] 1. ABW and SKW keep records of persons entitled under the provisions of the Act for access to classified information of the "confidential" and higher clause and the records of persons who have been refused to issue a security certificate, as well as persons to whom a decision has been taken to withdraw the security attestation, to the exclusion of persons employed, serving or performing tasks outsourced in the entities referred to in Article 4. 23 (1) 5.

2. The data from the records referred to in paragraph. 1, may include only:

1. first name and surname;

2) the PESEL number;

3) the father's name;

4) date and place of birth;

5) the address of the place of residence or stay;

6) the name of the organizational unit;

7) specify the document ending the procedure, the date of issue and the number.

3. The data from the records referred to in paragraph. 1, and the lists referred to in Article 15 para. 1 point 8, shall be made available on a written request only in the cases referred to in Article 4. 72 par. 1 points 1 and 3 to 5, and to the services and institutions eligible for the extension of investigations for the purposes of the examination procedure and for industrial security.

Chapter 11

Amendments to the provisions in force

Article 74. (bypassed)

Article 75. (bypassed)

Article 76. (bypassed)

Article 77. (bypassed)

Article 78. (bypassed)

Article 79. (bypassed)

Article 80. (bypassed)

Article 81. (bypassed)

Article 82. (bypassed)

Article 83. (bypassed)

Article 84. (bypassed)

Article 85. (bypassed)

Article 86. (bypassed)

Article 87. (bypassed)

Article 88. (bypassed)

Article 89. (bypassed)

Article 90. (bypassed)

Article 91. (bypassed)

Article 92. (bypassed)

Article 93. (bypassed)

Article 94. (bypassed)

Article 95. (bypassed)

Article 96. (bypassed)

Article 97. (bypassed)

Article 98. (bypassed)

Article 99. (bypassed)

Article 100. (bypassed)

Article 101. (bypassed)

Article 102. (bypassed)

Article 103. (bypassed)

Article 104. (bypassed)

Article 105. (bypassed)

Article 106. (bypassed)

Article 107. (bypassed)

Article 108. (bypassed)

Article 109. (bypassed)

Article 110. (bypassed)

Article 111. (bypassed)

Article 112. (bypassed)

Article 113. (bypassed)

Article 114. (bypassed)

Article 115. (bypassed)

Article 116. (bypassed)

Article 117. (bypassed)

Article 118. (bypassed)

Article 119. (bypassed)

Article 120. (bypassed)

Article 121. (bypassed)

Article 122. (bypassed)

Article 123. (bypassed)

Article 124. (bypassed)

Article 125. (bypassed)

Article 126. (bypassed)

Article 127. (bypassed)

Article 128. (bypassed)

Article 129. (bypassed)

Article 130. (bypassed)

Article 131. (bypassed)

Article 132. (bypassed)

Article 133. (bypassed)

Article 134. (bypassed)

Article 135. (bypassed)

Article 136. (bypassed)

Article 137. (bypassed)

Article 138. (bypassed)

Article 139. (bypassed)

Article 140. (bypassed)

Article 141. (bypassed)

Article 142. (bypassed)

Article 143. (bypassed)

Article 144. (bypassed)

Article 145. (bypassed)

Article 146. (bypassed)

Article 147. (bypassed)

Article 148. (bypassed)

Article 149. (bypassed)

Article 150. (bypassed)

Article 151. (bypassed)

Article 152. (bypassed)

Article 153. (bypassed)

Article 154. (bypassed)

Article 155. (bypassed)

Article 156. (bypassed)

Article 157. (bypassed)

Article 158. (bypassed)

Article 159. (bypassed)

Article 160. (bypassed)

Article 161. (bypassed)

Article 162. (bypassed)

Article 163. (bypassed)

Article 164. (bypassed)

Article 165. (bypassed)

Article 166. (bypassed)

Article 167. (bypassed)

Article 168. (bypassed)

Article 169. (bypassed)

Article 170. (bypassed)

Article 171. (bypassed)

Article 172. (bypassed)

Article 173. (bypassed)

Article 174. (bypassed)

Article 175. (bypassed)

Article 176. (bypassed)

Article 177. (bypassed)

Article 178. (bypassed)

Article 179. (bypassed)

Article 180. (bypassed)

Chapter 12

Transitional and final provisions

Article 181. [ The review deadline for materials containing classified information] 1. The managers of the organizational units shall carry out, within 36 months from the date of entry into force of the Act, a review of the materials produced in their subordinate units containing classified information in order to determine whether they meet the the statutory conditions of protection under the law, and shall, if necessary, amend or abolish the classification.

2. The obligation referred to in paragraph. 1, it shall not apply to the harvesting of finished case materials and record boxes, in particular those constituting the archive material, which are transmitted to the relevant archives on the basis of separate provisions.

3. The manager of the appropriate archive, in justified cases, may ask the manager of the organizational unit, who provided the archive material referred to in the mouth. 2, to carry out a review of this material in order to determine whether it meets the statutory conditions of protection, and to amend or abolition of the classification as necessary.

Article 182. [ Validity of security attestas] Security certificates issued on the basis of existing regulations shall remain valid for the period specified in those provisions.

Article 183. [ Application of provisions of the Act] Article Recipe 14 para. 3 (2) shall apply to the security agents and alternate security agents employed after the entry into force of the Act.

Article 184. [ Information on the operation of secret firms] Managers of organizational units in which on the day of the entry into force of the law the law firm shall function shall inform about them within 3 months from that date of ABW or SKW respectively, with the specification of the classification of the information processed implicit.

Article 185. [ Accreditation of the ICT system] 1. The credits of the ICT systems granted before the entry into force of the Act shall remain valid until such time as the amendments are made in the computer system, which may have a significant impact on the security of the computer, but no longer than for a period of 5 years from the entry into force of the Act.

2. Re-accreditation of the IT system shall be carried out in accordance with art mode. 48. ABW or SKW, by reaccreditation, may refrain from carrying out an audit of the security of the IT system, irrespective of the classification of classified information processed in the ICT system.

3. Technical measures authorised for use on the basis of art. 60 par. 8 of the Act referred to in art. 190, may be used up to the time of obtaining required in the provisions of this Act of Accreditation Of ICT Security, however, no longer than for a period of 12 months, subject to art. 51.

Article 186. [ Period of validity of industrial safety certificates] 1. Industrial security certificates issued on the basis of existing regulations, valid on the date of entry into force of the Act, confirming the ability to protect classified information:

1. the "top secret" clause shall also confirm the ability to protect classified information with a "secret" and "confidential" clause during the period specified in this Act;

2. the "secret" clause shall also confirm the ability to protect classified information with a "confidential" clause during the period specified in this Act.

2. The periods of validity of the certificates referred to in paragraph. 1, shall be counted from the date of issue of the certificate.

Article 187. [ Deadline for obtaining a safety certificate] Undertakings performing contracts relating to access to classified information with a 'confidential' clause, not having on the date of entry into force of the Law of a valid industrial security certificate, should obtain such a certificate within 12 months of the date on which the contract is issued. entry into force of the Act.

Article 188. [ Application of existing provisions] The current provisions shall apply to investigations, audit investigations and industrial security proceedings instituted and not completed before the entry into force of the law.

Article 189. [ Enforcement of implementing rules] 1. Existing implementing rules issued on the basis of art. 14 para. 4, art. 17 para. 2, art. 18a par. 2, art. 23 (1) 3, art. 36 ust. 3, art. 53 (1) 1-4, art. 55, art. 62 ust. 1, art. 63 par. 4, art. 74 and art. 74a ust. 2 of the Act referred to in art. 190, they retain power until the date of entry into force of the implementing rules issued on the basis of art. 6 para. 9, art. 12 (1) 6, art. 13 (1) 4, art. 18 (1) 1, art. 20 para. 2, art. 29 par. 6, art. 30 par. 8, art. 33 (1) 12, art. 47 para. 1, 3 and 5, art. 49 (1) 9, art. 53 (1) 4, art. 61 (1) 2 and Art. 68 par. 1 of this Act, however, no longer than for a period of 12 months from the date of its entry into force.

2. Existing implementing rules issued on the basis of art. 17 para. 3 of the Act referred to in art. 84, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 17 para. 3 of this Act as amended by this Act, but no longer than for a period of 12 months from the date of its entry into force.

3. Existing implementing rules issued on the basis of art. 7 ust. 2 of the Act referred to in art. 91, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 7 ust. 2 of this Act as amended by this Act, but no longer than for a period of 12 months from the date of its entry into force.

Article 190. [ Repealed provisions] The Law of 22 January 1999 shall be repealed. on the protection of classified information (Dz. U. of 2005 items 1631, from late. zm.).

Article 191. [ Entry into force] The Act shall enter into force after 3 months from the day of the notice except for Article 131, which shall enter into force on 1 January 2013.

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Annex 1. [ PERSONAL SAFETY SURVEY]

Annex to the Act of 5 August 2010.

PERSONAL SAFETY SURVEY

The content of the Annex in the form of PDF download here