Personal security has been regulated in Chapter 5 of the Act on the Protection of Classified Information of 5 August 2010 (Journal of Laws 2018, item 412, as amended — hereinafter referred to as the "Act"). Pursuant to this Act, verification proceedings may be performed by: Military Counterintelligence Service (MCS) and Internal Security Agency (ISA) as well as proxies for the protection of classified information, whereby the Act allows for carrying out verification proceedings on own account in the case of persons employed (serving) or candidates by:
provided that security certificates issued by the above-mentioned institutions lose their validity upon the release of their holders from duty or upon ceasing the employment relationship.
The basis for MCS’s instituting verification proceedings of a candidate applying for access to classified information is a written request from the person authorised to fill the vacancy on the position related with access to classified information.
The request must be accompanied by a personal security questionnaire filled in by the person verified (it does not apply to verification proceedings under Article 32 (4) of the Act) - model form of the personal security questionnaire and the instructions how to fill it in are included in Appendix No.1 to the Act).
By signing the questionnaire, the person verified consents to undergoing the proceedings provided for in the Act.
Within the competence of MCS there are verification proceedings of candidates applying to MCS as well as of: Head of ISA, Head of MIS, Commander-in-chief of the Military Police, as well as the candidates to these posts, proxies for protection and their deputies, as well as persons applying to these posts in ISA, MIS and MP. Moreover, MCS conducts extended verification proceedings for soldiers and civil servants of the Ministry of National Defence and organisational units subordinate to or supervised by the Minister of National Defence, defence attache’s offices in the facilities abroad and active service soldiers appointed to other organisational units.
Pursuant to the Act, the role of national security authority is played by the Head of ISA, whereby in light of Article 11(3) of the Act, in for the organisational units and persons within the statutory competences of MCS, the Head of ISA plays the above-mentioned role through the Head of MCS. Therefore, MCS itself conducts verification proceedings prior to the issuance of security certificates authorising access to international classified information (of NATO, UE and ESA) to persons serving or employed with institutions and organisational units within statutory competence of MCS. The above-mentioned security certificates: