Rules for the administration of information constituting official secret in RIA

Affirmed by Decision of
the Administrative Board of Road Infrastructure Agency
Enclosed in Protocol No. 18885/18 of 14.05.2018

RULES FOR THE ADMINISTRATION OF INFORMATION CONSTITUTING OFFICIAL SECRET
IN THE ROAD INFRASTRUCTURE AGENCY

Sofia, 2018

Contents:
 

I.     General Provisions. 3

II.       CATEGORIES OF INFORMATION SUBJECT TO CLASSIFICATION AS OFFICIAL SECRET.. 3

III.      Conditions and procedure for granting access to classified information, which is an official secret of officials. 4

IV.      OBLIGATIONS OF PERSONS GRANTED THE RIGHT TO ACCESS INFORMATION CONSTITUTING OFFICIAL SECRET.. 4

V.   Terms. 5

PREVIOUS PROVISIONS. 6

General Provisions

Art. 1. The rules for the administration of information constituting an official secret in the Road Infrastructure Agency stipulate:

1. The categories of information subject to classification as an official secret.
2. The conditions and the procedure for granting access to classified information, which is an official secret of officials.
3. Obligations of the persons granted the right of access to information constituting an official secret.

2. CATEGORIES OF INFORMATION SUBJECT TO CLASSIFICATION AS OFFICIAL SECRET

Official secret is the information created or kept by the state bodies or the bodies of the local self-government, which is not a state secret, the unregulated access to which would adversely affect the interests of the state or would harm other legal protection interest.

Art.2. The categories of information subject to classification as an official secret are:

• Category of information related to the participation of the Road Infrastructure Agency in the work on defense and mobilization training (according to art. 34 of the Defense and Armed Forces Act of the Republic of Bulgaria and art. 27a, para 2 of the Statistics Act).

• development of plans for participation, organization, disclosure and interaction of the Road Infrastructure Agency with other structures in the conduct of rescue and emergency disaster recovery works in case of disasters, mobilizations, accidents, terrorist acts and crisis management;
• preparation of instructions and reports for work on defense and mobilization training;
• information on the wartime stocks – not including the data on their quantities and the wartime tasks of the structures, as well as acts from their inspection in external storage facilities.

• Category of information related to personal data of the employees of the Road Infrastructure Agency, contained in their works on reliability research, (pursuant to art. 70, para 3 of the Protection of Classified Information Act and art. 15 of the Regulations for the Application of the Protection of Classified Information Act).
• Category of information constituting an official secret and which became known to the civil servant during or on the occasion of the performance of his official duties (according to art. 17, para 3 and art. 25, para 1 of the Civil Servants Act, art. 10, para 2 and art. 22 of the Code of Conduct for Civil Servants)

• the documents and information contained in the official file of the civil servant;
• the documents and data in the state administration, used by the employees only for the performance of their official duties in compliance with the rules for protection of the information.

• Category of information related to data from the budget of the Road Infrastructure Agency (according to art. 7, item 6 of the Financial Management and Control in the Public Sector Act; art. 3, para 4 of the State Internal Financial Control Act; art. 72, art. 73, art. 74 of the Tax and Social Insurance Procedure Code)

• justifications, financial estimates and reports on the implementation of the budget, information on current financial expenditures and cash in the bank accounts of RIA
• currency and levs, liabilities and receivables of the Agency to and from counterparties;
• information on financing of projects and programs under the unified budget classification;
• information on the status of the annual and interim financial statements, including the balance sheet, income and expenses, statement of cash flows and own income.

• Category of information related to detailed development plans, investment projects and documents related to the control over the implementation and entry into force of sites; database of the state leveling and geodetic network: cadastral data, maps, catalogs, technical carriers of digital information (according to art. 20, para 1, item 2; art. 57, para 2; art. 58, para 1 of the Cadastre and Property Register Act)
• Category of statistical information related to the country’s defense, internal economic security, security of organizational units, information systems or networks, specialized analysis and research and other information that is not a state secret, but unregulated access to which would adversely affect the interests of the state or would harm another legal protection interest (according to art. 27a, para 2 of the Statistics Act).

3. Conditions and procedure for granting access to classified information, which is an official secret of officials

Art. 3 (1) The Administrative Board of the Road Infrastructure Agency shall announce with a decision the list of the categories of information, subject to classification as official secret and the list of the positions, for which access to information, representing official secret is required.

(2) The list of the categories of information subject to classification as official secret shall be published on the official website of the Road Infrastructure Agency. All employees of the central administration and the specialized units (Regional Traffic Management and Institute of Roads and Bridges) shall be familiar with the list.

(3) Access to information constituting an official secret may be enjoyed only by persons whose official duties or specifically assigned tasks require such access.

(4) Information on documents and information constituting an official secret shall be provided upon request by representatives of state bodies, which by virtue of law have the right of access to such type of information.

(5) The documents, which are not an official secret, shall be provided to the interested persons by the order of the Access to Public Information Act.

4. OBLIGATIONS OF PERSONS GRANTED THE RIGHT TO ACCESS INFORMATION CONSTITUTING OFFICIAL SECRET

Art. 4 Persons using information constituting an official secret which has become known to them in the course of or in connection with the performance of their official duties shall undertake:

1. to protect and preserve it;
2. not to distribute it to third parties, which not directly related to the implementation of the specific task;
3. not to provide the information to other organizational units, which are not directly related to the specific activity or task;
4. to notify the information security officer of cases of unregulated access to information;
5. not to use materials containing information, representing official secret for public publications, diploma theses, dissertations, reports, etc.

Art. 5 Persons who have been granted the right of access to information constituting an official secret shall be trained to become acquainted with the categories of information classified as an official secret, the work with this type of information, its protection and defense.

5. Terms
6. “Classified information” is information constituting a state or official secret, as well as foreign classified information.
7. “Organizational unit” is: state authorities and their administrations, including their divisions, subdivisions and structural units, as well as the armed forces of the Republic of Bulgaria, local self-government bodies and local administration, public law entities established by law or by an act of an executive body, the natural and legal persons in which classified information is created, processed, stored or provided.
8. “State secret” is the information specified in the list under Annex No. 1 of the Classified Information Protection Act, the unregulated access to which would endanger or harm the interests of the Republic of Bulgaria related to national security, defense, foreign policy or protection of constitutionally established order.
9. “Official secret” is the information created or kept by the state bodies or the bodies of local self-government, which is not a state secret, the unregulated access to which would adversely affect the interests of the state or would harm other human rights interests.
10. “Unauthorized access to classified information” is the disclosure, misuse, alteration, damage, disclosure, destruction of classified information, or any other act resulting in a breach of its protection or the loss of such information. Any failure to classify information with an appropriate security classification or its incorrect designation, and any act or omission resulting in knowledge by a person who does not have the appropriate authorization or confirmation, shall also be considered unauthorized access.
11. “National security” is a state of society and the country in which the fundamental rights and freedoms of man and citizen, territorial integrity, independence and sovereignty of the country are protected, and the democratic functioning of the state and civil institutions is guaranteed as a result of which the nation preserves and increases its wealth and develops.
12. “Interests of the Republic of Bulgaria related to national security” are the guarantee of the sovereignty and territorial integrity and the protection of the constitutionally established order in the Republic of Bulgaria, including:

• detection, prevention and counteraction of encroachments against the independence and territorial integrity of the country;
• detection, prevention and counteraction of secret encroachments, which harm or endanger the political, economic and defense interests of the country;
• obtaining information about foreign countries or of foreign origin, necessary for decision-making by the highest bodies of state power and state administration;
• detection, prevention and counteraction of secret encroachments aimed at forcible change of the constitutional order in the country, which guarantees the exercise of human and civil rights, democratic representation on the basis of the multiparty system and the activities of the institutions established by the Constitution;
• detection, prevention and counteraction to terrorist acts of illicit trafficking in human beings, weapons and drugs, as well as illicit trafficking in products and technologies under international control, money laundering and other specific risks and threats

PREVIOUS PROVISIONS

§ 1. These rules are amended and supplemented by the order of their adoption and shall enter into force on the date of their approval.

§ 2. The rules for the administration of information constituting an official secret in the Road Infrastructure Agency shall be issued under art. 1, para 3, art. 25 and art. 26, para 3 of the Classified Information Protection Act and § 1 item 3, item 6, item 13, item 14 of Additional Provisions to the Classified Information Protection Act, Art. 21, para 1 and Art. 23, para 1 of the Regulations for its application and in connection with art. 46, para 2 of the Regulations for the structure, activity and organization of work of the Road Infrastructure Agency