Security clearance

The security screening of the Federal Law regulates the conditions and the procedure for vetting of persons who are to be entrusted with certain sensitive activities ( security check ) or has already been entrusted are ( update or re-check ). A safety- sensitive work practices, for example, who

• Has access to classified information or can provide it yourself, which are classified as TOP SECRET, SECRET or CONFIDENTIAL or
• Employed on a safety- sensitive position within a life- or defense important institution.

Scope

The security screening law of the federation is particularly applicable when a public authority or other public body of the Federation a person wishes to assign a security- sensitive action or want to pass on a classified document to a non- public body.

The Federal Republic of Germany forming countries each have enacted such laws for their country's authorities. These laws correspond to the nuclear safety review of federal law.

Security checks

The SÜG has three levels of security checks:

• The simple security check ( " U1 " ) pursuant to § 8 SÜG be carried out, inter alia, for persons who are to have access to as VS- CONFIDENTIAL classified information or can provide it yourself, and for persons who are employed in a position which the preventive human sabotage protection ( § 1 para 4 SÜG ) subject.
• The extended security check ( " U2 " ) pursuant to § 9 SÜG be carried out for persons who have access to to as SECRET classified information or a high number as CONFIDENTIAL get classified up or can it gain.
• The enhanced security clearance with security investigations ( " U3 " ) pursuant to § 10 SÜG be carried out for persons to have access to TOP SECRET classified information or a high number as SECRET to receive classified up or can provide it yourself, as well as those with a Federal Intelligence Service or agency activities should perceive with comparable security sensitivity.

In general, the result of the security check valid for five years. After the expiration of the security check is to be updated. For extended security checks with security investigations ( U3 ) a re-check is usually after ten years to initiate ( by a renewed primary screening ).

The security check can be completed without any restrictions, with restrictions / conditions or with the finding of a security risk.

For the purposes of vetting law there is a security risk if actual evidence

Upon discovery of a security risk, the affected person may not be entrusted with a security-sensitive activities.

The safety- significant findings may also result to be included partner ( spouse or partner ) both the individual being checked as well.

After determination of a security risk may be re- vetting usually after the expiration of five years to be re- initiated. An important principle of the vetting law is in doubt for safety. This principle means that if signs of a security risk exist, the review on the determination of a security risk is completed.

Measures for the individual types of scanning

The measures for the individual types of scanning are defined in § 12 SÜG. The three types of scanning build on each other, that is, the extended security check ( U2 ) cover the activities of the simple security check ( U1 ).

In the simple security check ( U1 ) first the details of the Safety Statement will be evaluated (see below) of the person to be examined taking into account the findings of the constitution protection authorities of the Federation and the Länder. When members of the Bundeswehr ( military as well as civilian personnel ) to verify the Military Counterintelligence performs. In addition, an unlimited information from the Federal Central Register ( BCR ) is obtained, and it go requests to the Federal Criminal Police Office (BKA ), the Federal Police Headquarters, the competent prosecutor's office and the Federal intelligence services.

With the extended security check ( U2 ) additionally requests go to the police departments of position held residences of the person concerned (usually limited to the last five years), and his identity is verified. The spouse or partner of the person concerned is generally involved in the security check and have to agree with this inclusion. In addition, respondents that need to be specified, be interviewed for the purpose of identity verification, which rarely occurs in practice.

With the extended security check with security investigations ( U3 ) additionally specified by the person concerned in its security statement reference persons and other suitable respondents are asked to check that the details of the person concerned is correct and whether there are real indications that suggest a security risk. A new security check takes place after an elapsed period of 5 years.

To check with people who come from the GDR and were born before January 1, 1970, a request for information to the Federal Commissioner for the Records of the State Security Service of the former German Democratic Republic ( Stasi ) about a possible collaboration for the State Security Service of the GDR must face. When U2 and U3, the person must be included make this request (usually the significant other, life partner or spouse ). The dispatch of the request is from the introductory authority, this will also be notified of the outcome. This new application is made also of regularly updating and repeating the security check and sent to the Federal Commissioner.

In special cases, particularly in detecting certain suspicious cases, can the intelligence service ( cooperating agency ) other appropriate persons providing information or other appropriate bodies, in particular prosecutors or courts surveys, or perform individual measures of the next higher type of security clearance.

The Safety Statement

The individual being checked has to issue a Declaration of Security. In it ( depending on Überprüfungsart some points may be omitted or be extended to standing relationship with the person in persons) specify:

Outline of the Law

Section I: General provisions

Chapter Two: Review types and implementing measures

Section Three: Method

Fourth Section: Acts of the security check; data processing

Part V: Special provisions for security checks for private parties

Section Six: travel restrictions, security checks at the request of foreign authorities and final provisions

Others

In cases of suspected violation of federal privacy legal requirements in connection with a security clearance you can contact the Federal Commissioner for Data Protection and Freedom of Information ( BfDI ).

The Federal Office for Protection of the Constitution has done from 2008 to 2009 at a relevant known right-wing extremists and alleged supporters of the Zwickau terrorist cell a security check and is met with no complaints.