Classified information

from Wikipedia, the free encyclopedia

Classified information (abbreviation: VS) are in the public interest , in particular for the protection of the well-being of a state or member state , facts, objects or knowledge that need to be kept secret , regardless of their form of presentation. Classified information can also be products and the associated documents as well as associated key means for decryption , encryption and transmission of information ( crypto means ). In the public interest, business , business , inventions, tax or other private secrets or circumstances relating to personal life can also be subject to confidentiality ( Section 4 (1) Security Review Act - SÜG). A classified information may only be given to persons who are required to know because of their task. No person may be informed more comprehensively or more quickly about classified information than is necessary for the fulfillment of tasks ( Section 1 (1a) SÜG).

Forms of representation are, for example, documents , drawings, maps , photocopies, photographs , electronic files and data carriers , electrical signals, devices, technical equipment or the spoken word. In the public interest, business , business , invention, tax or other private secrets or circumstances relating to personal life can also be subject to confidentiality (Section 2 (1) classified information instruction - VSA).

Special security measures protect classified information against unauthorized access.

Germany

In Germany, regulations on classified information and its protection are in particular governed by the Security Checks Act (SÜG) and the federal classified information instructions (VSA) issued on the basis of Section 35 SÜG as well as corresponding laws and instructions from the federal states .

classification

According to their need for protection, classified information is classified by an official federal agency or at its instigation into four degrees of confidentiality ( Section 4 (2) SÜG). The grades are based on the possible consequences of unauthorized persons gaining knowledge of it for the Federal Republic of Germany or one of its countries (Section 2 (2) VSA).

Level of secrecy abbreviation Classification principle
VS-ONLY FOR SERVICE USE VS-NfD can be detrimental to interests
VS-CONFIDENTIAL VS representative can be detrimental to interests
SECRET Go can endanger security or cause serious harm to interests
TOP SECRET Str. Go. can endanger the existence or vital interests

The publisher of classified information determines the level of confidentiality. The publisher is the agency that creates classified information or has it created. Classification as classified information is only to be used if this is necessary (Section 15 VSA).

The classification period must be based on the expected duration of the need for protection of the classified information resulting from the justification for the classification. The classification of a classified information of the VS-ONLY FOR SERVICE USE is limited to 30 years. It can be shortened, but not extended. For a higher degree of secrecy, higher deadlines can be set for individual classified information or overall for the classified information arising in a certain area . The classification ends at the end of the year in which the deadline falls (§ 16 f. VSA). If the need for protection of classified information changes, the publisher must increase or decrease the degree of confidentiality of this classified information accordingly (§ 18 VSA). If the confidentiality of a classified item no longer applies before the classification period has expired, the publisher must revoke the classification (Section 19 VSA).

A non-classification does not mean that the object in question or its content may be made available to the public. It is subject to general official secrecy. Only the special protection provisions for classified information do not apply to them. The degree of secrecy of classified information remains in place even if it has become unlawfully known (Section 2 (3) VSA).

In the case of classified information classified as CONFIDENTIAL or higher, the degree of secrecy with the addition “officially kept secret” is attached to the upper edge of each page written (for written material).

protection

Authorities and other public bodies (e.g. constitutional bodies ) are obliged to protect classified information by means of material security protection measures in such a way that breaches of their confidentiality are counteracted and to ensure that such attempts can be detected and cleared up. This also applies to the transfer of classified information to non-public bodies ( Section 4 (4) SÜG)

Anyone who has legitimate access to a classified information is obliged to maintain secrecy about the information that has come to their knowledge and, by adhering to the protective measures, must ensure that no unauthorized person gains knowledge of the classified information ( Section 4 (3) SÜG) . Before a person has access to classified information of the VS-ONLY FOR SERVICE USE, he must be obliged to read the “VS-NfD-Merkblatt”. Before a person has access to classified information classified as CONFIDENTIAL or higher, he or she must be authorized by the security officer. In doing so, they are to be instructed about the special provisions of secrecy protection, to be obliged to observe the secrecy protection to the necessary extent and to be informed about initiation and recruitment methods of foreign intelligence services as well as the possibility of criminal and disciplinary penalties or labor law measures in the event of violations of the confidentiality regulations (Section 4 Para . 2 VSA).

The Federal Office for Information Security and the intelligence services of the federal and state governments are involved in protecting classified information (Section 5 VSA).

When handling classified information, technical and organizational measures are taken which, in combination, are intended to reduce the risks of an attack and, in the event of a successful attack, to limit the negative consequences. The security measures take into account the aspects of prevention, detection and reaction (§ 6 VSA).

The agency management is responsible for the implementation of these classified information instructions within its area of ​​responsibility and has to create the prerequisites for ensuring material security. She can delegate her tasks in whole or in part to employees of her department (§ 7 VSA). Agencies that handle classified information classified as CONFIDENTIAL or higher should appoint security officers and persons authorized to represent them (Section 8 (1) VSA). They also order classified information registrars and authorized representatives who are responsible for the proper administration of these classified information (Section 10 VSA).

The subject of a classified information should be formulated in such a way that it does not need to be kept secret by itself (Section 20 (5) VSA). The reproduction of classified information classified as TOP SECRET requires the consent of the publisher (Section 22 (4) VSA). The permanent storage of classified material classified as CONFIDENTIAL or higher must take place in classified material registries . Storage outside the classified information registry is only permitted for the period for which continued access by the processor to the classified information is necessary (Section 23 (1) VSA). Before passing on classified information, everyone must ensure that the intended recipient is authorized to accept or take note of them (Section 24 (2) VSA). When discussing matters requiring confidentiality, the principle of “knowledge only if necessary” must be observed. Discussions in public are not permitted (Section 29 (1) VSA).

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.

Agencies must take precautions so that their telecommunications and information technology cannot be misused to eavesdrop on room and telephone calls. Rooms in which conversations with material classified as CONFIDENTIAL or higher are held frequently or regularly, must be tap-proof , in the case of content of the STRENG SECRET category, they must be tap- proof (Section 41 VSA). They are to be subjected to a random eavesdropping test before they are used for the first time and afterwards (Section 48 VSA). Agencies that are particularly the target of attacks on the confidentiality, availability, integrity and authenticity of classified information can be designated as "agencies with a special need for confidentiality" (Section 43 VSA).

Security check

Anyone who has access to classified information or can obtain it that is classified at least as confidential or is active in an authority that has been declared as a "national security authority" as a "security area" is performing a security-sensitive activity ( Section 1 Para. 2 SÜG). Depending on the intended security-sensitive activity, either a "simple security check", an "extended security check" or an "extended security check with security investigations" is carried out. For this purpose, the persons have to submit a security declaration ( § 13 SÜG). Through the security assessment of the information in the security declaration, taking into account further findings (e.g. by obtaining information, inquiries or security investigations), the constitution protection authorities ("participating authorities"; BfV , LfV , MAD ) determine whether a person is security-relevant Knowledge is available, d. H. Evidence of a security risk . There is a security risk if there are actual indications of doubts about the reliability of the person concerned when performing a security-sensitive activity, a particular risk to the person concerned, in particular concerns about blackmail, in the event of possible initiation or advertising attempts by foreign intelligence services , criminal, terrorist or extremist There are associations or doubts about the commitment to the free democratic basic order ( § 5 SÜG).

Security areas

Security areas are to be set up in departments if the scope and importance of the classified information there requires. These can be single or multiple rooms as well as buildings or groups of buildings. These are protected against access by unauthorized persons through personnel, organizational and technical measures. Access to these areas may only be possible in places where a reliable check of the access authorization takes place, e.g. B. using an ID card . Visitors and external personnel are to be supervised during their stay in the security area after their identity has been established (Section 39 (3) f. VSA).

Warning and blocking notes

Warning and blocking notes limit the group of recipients who are authorized to access classified information. In particular, the following warning notes can be used:

  • "KRYPTOSICHERHEIT" or "KRYPTO" or "CRYPTOSECURITY" or "CRYPTO"
  • "Controlled COMSEC Item" or "CCI"
  • "Atomic"
  • "Evaluation matter (protective word)", "ANRECHT", "Protective word VS" or "SW-VS"

In particular, the following can be used as blocking notes:

  • "<Respective authority> internal"
  • "For security officers"
  • "Only Germans for knowledge" or "GE eyes only"
  • "Forwarding to <respective name>"
  • "FOR KRYPTOVERWALTER" or "for crypto custodian"
  • "Just for your information"
  • "The production of copies of this VS is prohibited"

Bundestag and Bundesrat

For classified information that arises within the Bundestag or has been forwarded to the Bundestag, its committees or members of the Bundestag , the German Bundestag's secret protection regulations apply. As far as the area of administration of the Bundestag is exclusively affected, the regulations of the classified information instruction for federal authorities apply . Classified information of the security classifications TOP SECRET or SECRET may only in the rooms of the Secret Records can be viewed.

For classified information that arises within the Federal Council or is forwarded to the Federal Council, the Federal Council's secret protection regulations apply. For the Secretariat of the Federal Council, the regulations of the classified information instruction for the federal authorities apply in principle.

Secret archive of the Federal Archives

Federal agencies generally offer their no longer required classified information with a VS-CONFIDENTIAL or higher level of security to the federal archive (secret archive) for archiving (Section 31 VSA). Classified information that the responsible archive does not accept must be destroyed in such a way that the content is neither recognizable nor can it be made recognizable (Section 32 VSA). From the time of adoption, the Federal Archives must apply the federal legal provisions on confidentiality and instructions for classified information ( Section 6 (3) of the Federal Archives Act - BArchG).

literature

Web links

Wiktionary: classified information  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Appendix III classified information - information on classification. In: Federal Ministry of the Interior, for Building and Home . August 10, 2018, accessed October 25, 2019 .
  2. Section 20 (4) VSA
  3. Appendix IV classified information - instructions for handling classified information. In: Federal Ministry of the Interior, for Building and Home . August 10, 2018, accessed October 25, 2019 .
  4. Appendix V classified information - leaflet on the handling of classified information of the level VS-ONLY FOR SERVICE USE (VS-NfD-Merkblatt). In: Federal Ministry of the Interior, for Building and Home . August 10, 2018, accessed October 27, 2019 .
  5. Appendix I classified information - information on the secret protection organization. In: Federal Ministry of the Interior, for Building and Home . August 10, 2018, accessed October 25, 2019 .
  6. Appendix 3 of the Rules of Procedure of the German Bundestag - Secret Protection Ordinance (GSO) of the German Bundestag. In: German Bundestag . January 1, 2019, accessed on October 27, 2019 (§ 1).
  7. Implementing provisions of the German Bundestag's Secret Protection Ordinance (GSO) (GSO AB). In: German Bundestag . September 19, 1975, accessed on October 27, 2019 (§ 1).
  8. Appendix 3 of the Rules of Procedure of the German Bundestag - Secret Protection Ordinance (GSO) of the German Bundestag. In: German Bundestag . January 1, 2019, accessed on October 27, 2019 (§ 3a).
  9. Bundesrat secret protection regulations - Bundesrat printed matter 534/86 (decision). In: Federal Council . November 28, 1986, accessed on October 27, 2019 (Section 1 Paragraph 1).
  10. Bundesrat secret protection regulations - Bundesrat printed matter 534/86 (decision). In: Federal Council . November 28, 1986, accessed on October 27, 2019 (Section 1 Paragraph 4).
  11. Appendix VI Classified Information - Guideline for the delivery of classified information to the secret archive of the Federal Archives (VS Archive Guideline). In: Federal Ministry of the Interior, for Building and Home . August 10, 2018, accessed October 27, 2019 .