Protection of official secrets

An official secret is military, political, economic, scientific, technical or other information the loss or illegal disclosure of which may cause harm to the security, and economic or political interests of the State. Information subject to the status of official secret is indicated in Cabinet Regulation No. 887: List of Official Secret Objects.

SAB performs personnel security vetting in order to grant and renew personnel security clearances (PSC) for access to official secrets and also checks and accredits premises to be used in work with classified information.

Information containing official secrets can be classified as SEVIŠĶI SLEPENI (TOP SECRET), SLEPENI (SECRET) and KONFIDENCIĀLI (CONFIDENTIAL).

Similarly, PSCs for access to official secrets also have three categories:

• Category I PSC for access to information classified as SEVIŠĶI SLEPENI (TOP SECRET);
• Category II PSC for access to information classified as SLEPENI (SECRET);
• Category III PSC for access to information classified as KONFIDENCIĀLI (CONFIDENTIAL).

Access to official secrets is granted after detailed security vetting leading to conviction that the person in question is able to secure and protect the information entrusted to them. In Latvia, pursuant to Article 10 of the Law on Official Secrets, Category II and Category III PSCs can be issued by SAB, the State Security Service (VDD)  and the Defence Intelligence and Security Service (MIDD), whereas Category I PSCs are only issued by SAB.

Who requires a PSC for access to official secrets?

The head of each particular institution creates a list of positions requiring a PSC and submits it to the relevant state security authority for confirmation.

A PSC request for a particular person is prepared by the institution the person is currently working at or is planning to work at. When applying for a PSC, the applicant fills in the security questionnaire that can be found in Annex 2 of the Cabinet Regulation No. 21: Regulations regarding the Protection of Official Secrets, and North Atlantic Treaty Organisation, European Union and Foreign State Institution Classified Information, submits a resume and other necessary documents. In addition, the person must also sign a non-disclosure agreement (Annex 3 to Cabinet Regulation No. 21) acknowledging that they have been informed about the fact that the information indicated in the security questionnaire will be checked during the security vetting and have read the relevant national legislation regarding protection and circulation of classified information.

What happens if a person has been denied the granting or renewal of a PSC?

Both the person in question and the head of the institution they are working at are informed in writing about the denial to issue, as well as the decision not to renew a PSC or lower the level of classification it grants access to. The letter specifies the particular articles and paragraphs of the Law on Official Secrets according to which the decision was made. The grounds for refusal are explained in so far as they do not contain classified information.

The decision to deny a PSC can be appealed to Director of SAB within 10 days (if denied by the State Security Service or the Defence Intelligence and Security Service) whose decision can be further appealed to Prosecutor General. No further appeal procedures are foreseen.