Secret service

from Wikipedia, the free encyclopedia

The confidentiality includes all human and material (organizational, structural and technical) measures to protect the public interest to be kept secret documents, actions and objects. He ensures that information and processes, the discovery of which could endanger the existence, vital interests or security of a state or its parts, are protected from unauthorized access.

General

Certain government sensitive information should only be accessible to a small group of people. The aim of secrecy protection is to protect such sensitive information from unauthorized access. Therefore certain facts, objects or knowledge are shown as classified information . Depending on the need for protection, they are marked with a degree of secrecy . Warning and blocking notes further limit the group of recipients who are authorized to access classified information.

Personal security

Persons who are to be given access to classified information from VS-CONFIDENTIAL in Germany or who are able to obtain it are to be subjected to a security review in accordance with the Security Review Act ( SÜG ) . The starting point for the review is a security declaration to be completed by the person concerned . The information required and the type and scope of the verification measures depend on the sensitivity of the information to which the verified person should or can obtain access. The measures range from inquiries in the federal central register and security authorities via internet research to questioning people in the vicinity of the person to be checked. The Federal Office for the Protection of the Constitution (BfV) carries out the security check on behalf of the authority that would like to entrust a person with a security-sensitive activity . If the security check is to be carried out for a commercial enterprise that works with classified information at the request of the state, the Federal Ministry for Economic Affairs and Energy (BMWi) is the client. Reasons that lead to the establishment of a security risk and prevent deployment in security-sensitive activity can arise in particular from doubts about personal reliability (e.g. due to criminal offenses or drug abuse ), a particular risk to the person concerned (e.g. concern blackmail, possible initiation or advertising attempts by foreign intelligence services , criminal, extremist or terrorist organizations, e.g. in the case of overindebtedness ) as well as doubts about the commitment to a free democratic basic order (e.g. in the case of extremist activity).

Material security

Material secrecy protection includes technical and organizational measures that prevent unauthorized access to classified information and includes regulations for handling classified information, for example for production, special labeling, transport, transfer and storage such as safes and electronic backups.

Authorities and other public bodies (e.g. constitutional bodies ) are obliged to protect classified information by means of material security measures in such a way that breaches of their confidentiality are counteracted and to ensure that such attempts can be detected and clarified. This also applies to the forwarding of classified information to non-public bodies ( Section 4 (4) SÜG). Technical means for securing classified information are, for example, VS custody lanes, VS key boxes, intrusion and hold-up alarm systems, access control systems, VS transport containers, VS packaging, VS security doors and locks. This also includes means for the destruction of classified information. VS custody lanes are specially secured rooms, cupboards or other containers for storing classified information. Every classified material registry has at least one classified material depository.

Criminal law

With its general and special preventive effect, criminal law contributes to secrecy protection. In Germany, anyone who:

  • communicates a state secret of a foreign power or one of its middlemen or otherwise allows it to reach an unauthorized person or makes it publicly known in order to disadvantage the Federal Republic of Germany or to favor a foreign power and thereby cause the danger of a serious disadvantage for the external security of the Federal Republic of Germany ( treason ; § 94 StGB ).
  • a state secret which is kept secret by an official body or at its instigation, allows it to reach an unauthorized person or makes it publicly known and thereby creates the risk of serious detriment to the external security of the Federal Republic of Germany (disclosure of state secrets; Section 95 StGB )
  • procures a state secret in order to betray it (treasonous spying; Section 96 (1) StGB )
  • obtain a state secret that is kept secret by an official body or at its instigation, in order to reveal it (spying out state secrets; Section 96 (2 ) StGB )
  • a state secret which is kept secret by an official body or at its instigation, allows it to reach an unauthorized person or makes it publicly known and thereby negligently causes the risk of serious detriment to the external security of the Federal Republic of Germany (disclosure of state secrets; Section 97 (1) StGB )
  • carries out an activity on behalf of a foreign power which is aimed at obtaining or communicating state secrets or declares that he is willing to undertake such an activity vis-à-vis a foreign power or one of its intermediaries (treasonous agent activity; Section 98 (1) StGB )

In Germany, state secrets are facts, objects or knowledge that are only accessible to a limited group of people and must be kept secret from a foreign power in order to avert the risk of serious detriment to the external security of the Federal Republic of Germany ( Section 93 (1) StGB ). The definition of criminal law is independent of the classification as classified information, i. H. not all content of classified information has to be a state secret within the meaning of the criminal code. Conversely, what has not been classified can also be a state secret.

Counterintelligence

The repressive counterintelligence contributes to the protection of secrecy by clearing up espionage activities within the framework of (suspected) case processing. By passing on information about detected espionage cases to the law enforcement authorities , activities against security protection are ended. Effective counter-espionage can deter traitors. Counter-espionage aims to gain knowledge about foreign intelligence services that are engaged in espionage in their own country. The findings of counter-espionage can be used to improve repressive counter-espionage. Knowledge of the starting points of enemy espionage helps to improve protective measures.

Prevention

Prevention is an effective means of secrecy protection. Potential bearers of secrets are made aware of the fact that they may come into the focus of foreign intelligence services. Measures can be aimed at broad sections of the population, e.g. B. poster campaigns, to certain groups of people, e.g. B. soldiers, or to particularly vulnerable individuals.

Responsibilities

There are different responsibilities in Germany for secrecy protection. Many actors are active in the field of security. The German Bundestag , possibly in cooperation with the Bundesrat , is responsible for creating the legal basis . The Federal President draws up the laws and checks whether they have been lawfully implemented. Within the federal government , the Federal Ministry of the Interior, Building and Home Affairs (BMI) is primarily responsible for security. The Federal Ministry of Economics and Technology (BMWi) is responsible for protecting state secrets in the private sector . The Federal Office for the Protection of the Constitution (BfV) is involved in secrecy protection ( Section 3 (2 ) BVerfSchG ). The Military Counter-Intelligence Service (MAD) is responsible for secrecy protection in the division of the Federal Ministry of Defense (BMVg). The Federal Intelligence Service (BND) is responsible for protecting its secrets. The Federal Criminal Police Office (BKA) investigates classic espionage and cyber espionage on behalf of the Federal Public Prosecutor at the Federal Court of Justice . The responsibility lies for the prosecution of criminal violations of the protection of secrecy in the at the country level Attorneys General who in their investigations to the state criminal office draw. The judicial competence for criminal offenses in connection with state secrets lies with the higher regional court ( § 120 Abs. 1 Nr. 3 GVG ).

Security manual

General measures and rules for secrecy in the economy are documented in the secrecy manual (GHB). It is published by the German Federal Ministry of Economics and Technology (BMWi), can be viewed online and downloaded as a file. The current edition from 2004 was last updated on August 23, 2017. The manual is aimed at company security officers, official security officers and all persons who deal with classified information .

Security officer

Security officers are agents for security-relevant bodies who take measures within the framework of personal and material security protection based on the Security Review Act and classified instructions. Security-relevant bodies are those with the ability to influence internal and external security . They are comparable to the official and company data protection officers and, like them, have a special functional position within the authority or the company. A personal association of, for example, corruption officers , women 's officers, IT security officers or data protection officers with the security officer are sometimes concerned about conflicts of interest between the various functions.

Security officer

A security officer (SiBe) is the senior member of a company responsible for security and privacy that is supervised by the BMWi. The security officer is directly subordinate to the management and has powers relevant to confidentiality.

See also

Web links

literature

Individual evidence

  1. Glossary: ​​Security. In: Federal Office for the Protection of the Constitution . Retrieved March 20, 2020 .
  2. a b Security. In: Federal Office for the Protection of the Constitution . Retrieved March 20, 2020 .
  3. Material security. In: im.nrw.de. Retrieved March 20, 2020 .