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Security clearance

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A security clearance is a status granted to individuals allowing them access to classified information (state or organizational secrets) or to restricted areas, after completion of a thorough background check. The term "security clearance" is also sometimes used in private organizations that have a formal process to vet employees for access to sensitive information. A clearance by itself is normally not sufficient to gain access; the organization must also determine that the cleared individual needs to know specific information. No individual is supposed to be granted automatic access to classified information solely because of rank, position, or a security clearance.[1][full citation needed]

Canada

Further information: Classified information § Canada

Background

Government classified information is governed by the Treasury Board Standard on Security Screening, the Security of Information Act and Privacy Act. Only those that are deemed to be loyal and reliable, and have been cleared are allowed to access sensitive information. The policy was most recently revised on 20 October 2014.[2]

Checks include basic demographic and fingerprint based criminal record checks for all levels, and, depending on an individual appointment's requirements, credit checks, loyalty, and field checks might be conducted by the RCMP and/or CSIS.

Clearance is granted, depending on types of appointment, by individual Federal government departments or agencies or by private company security officers. Those who have contracts with Public Works and Government Services Canada are bound by the Industrial Security Program, a sub-set of the GSP.

To access designated information, one must have at least standard reliability status (see Hierarchy below). Reliability checks and assessments are conditions of employment under the Public Service Employment Act, and, thus, all Government of Canada employees have at least reliability status screening completed prior to their appointment.[3] However, Government employees by Order-in-council are not subjected to this policy.[4]

Clearances at the reliability status and secret levels are valid for 10 years, whereas top secret is valid for 5 years. However, departments are free to request their employees to undergo security screening any time for cause.[5] Because security clearances are granted by individual departments instead of one central government agency, clearances are inactivated at the end of appointment or when an individual transfers out of the department. The individual concerned can then apply to reactivate and transfer the security clearance to his/her new position.[3]

Hierarchy

Three levels of personnel screening exist, with two sub-screening categories:[5][6]

Standard screenings are completed for individuals without law enforcement, security and intelligence functions with the government, whereas Enhanced screenings are for individuals with law enforcement, security and intelligence functions, or access to those data or facilities.

Security screening

Individuals who need to have RS because of their job or access to federal government assets will be required to sign the Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23e).

  • Reliability Status, Standard (RS)
    • Reliability checks are done by verifying personal data, criminal records check, credit check, educational, and professional qualifications, data on previous employment and references.
    • This level of clearance will grant the right to access designated documents with markings of Protected A & B information/assets on a need-to-know basis. It is mandatory for individuals when the duties or tasks of a position or contract necessitate access to protected information and assets, regardless of the duration of an assignment.
  • Reliability Status, Enhanced (ERS)
    • In addition to the Reliability Status, Standard checks, open-source checks, and security questionnaire or interview are required.
    • This level of clearance will grant the right to access designated documents with markings of Protected A, B & C information/assets on a need-to-know basis.

Security clearances

Individuals who require access to more sensitive information (or access to sensitive federal government sites and/or assets) because of their job will be required to sign the Security Clearance Form (TBS/SCT 330-60e). There are two levels of clearance:

  • Secret
    • Secret clearance is only granted after a reliability status is cleared, with a positive CSIS security assessment.
    • This level of clearance will grant the right to access designated and classified information up to Secret level on a need-to-know basis. Department Heads have the discretion to allow for an individual to access Top Secret-level information without higher-level clearance on a case-to-case basis.
    • Only those with a Secret clearance, with enhanced screening have access to Protected C information.
  • Top Secret
    • In addition to the checks at the Secret level, foreign travels, assets, and character references must be given. Field check will also be conducted prior to granting the clearance.
    • This level of clearance will grant the right to access all designated and classified information on a need-to-know basis.
  • Top Secret Special Access
    • In addition to the checks at the Top Secret level, 20 years of past history are investigated in person by CSIS.[7]
    • This level of clearance will grant the right to access all designated and classified information on a need-to-know basis, primarily for intelligence roles[8] in the Communications Security Establishment,[9] Canadian Armed Forces,[10] and certain senior government officials.[11]
Site access

Two additional categories called "Site Access Status" and "Site Access Clearance" exist not for access to information purposes but for those that require physical access to sites or facilities designated by CSIS as areas "reasonably be expected to be targeted by those who engage in activities constituting threats to the security of Canada". Designated areas include Government Houses, official residences of government officials, Parliament, nuclear facilities, airport restricted areas, maritime ports, and any large-scale events that are sponsored by the federal government (e.g., 2010 Winter Olympics).[12]

Where reliability is the primary concern, a site access status screening (similar to a reliability status, standard screening) is conducted; where loyalty to Canada is the primary concern, a site access clearance (similar to a Secret clearance screening) is required. They are both valid for 10 years.

Prior to granting access to information, an individual who has been cleared must sign a Security Screening Certificate and Briefing Form (TBS/SCT 330–47), indicating their willingness to be bound by several Acts of Parliament during and after their appointment finishes. Anyone who has been given a security clearance and releases designated/classified information without legal authority is in breach of trust under section 18(2) of the Security of Information Act with a punishment up to 2 years in jail. Those who have access to Special Operational Information are held to a higher standard. The release of such information is punishable by law, under section 17(2) of the Security of Information Act, liable to imprisonment for life.[13]

Section 750(3) of the Criminal Code, states that no person convicted of an offence under section 121 (frauds on the Government), section 124 (selling or purchasing office), section 380 (Fraud - if directed against His Majesty) or section 418 (selling defective stores to His Majesty), has, after that conviction, the capacity to contract with His Majesty or to receive any benefits under a contract between His Majesty and any other person or to hold office under His Majesty unless a pardon has been granted. (This effectively prohibits granting of a Reliability Status to any such individual.)[14]

United Kingdom

Further information: Security vetting in the United Kingdom

National Security Clearance types

National Security Clearances are a hierarchy of levels, depending on the classification of materials that can be accessed—Baseline Personnel Security Standard (BPSS), Counter-Terrorist Check (CTC), Enhanced Baseline Standard (EBS), Security Check (SC), enhanced Security Check (eSC), Developed Vetting (DV), enhanced Developed Vetting (eDV), and STRAP.

The BPSS is the entry-level National Security Clearance, and both CTC and EBS are effectively enhancements to the BPSS, with CTC relating to checking for susceptibility to extremist persuasion, and EBS relating to checking for susceptibility to espionage persuasion, the latter being needed for supervised access to SECRET material. The SC again is focused on susceptibility to espionage persuasion, and is required for an individual to have long-term unsupervised access to SECRET material and occasional access to TOP SECRET (TS) material, whilst for regular access to TS the DV, eDV is required. Occasionally STRAP is required with DV.

Those with National Security Clearance are commonly required to sign a statement to the effect that they agree to abide by the restrictions of the Official Secrets Act (OSA). This is popularly referred to as "signing the Official Secrets Act". Signing this has no effect on which actions are legal, as the act is a law, not a contract, and individuals are bound by it whether or not they have signed it. Signing it is intended more as a reminder to the person that they are under such obligations. To this end, it is common to sign this statement both before and after a period of employment that involves access to secrets.

National Security Clearance history

After the United States entered into World War II, Britain changed its security classifications to match those of the U.S.. Previously, classifications had included the top classification "Most Secret", but it soon became apparent that the United States did not fully understand the UK's classifications, and classified information appeared in the U.S.'s press. This spearheaded the uniformity in classification between the United Kingdom and the United States. The terminology and levels of British security classifications have also changed from Positive Vetting and Enhanced Positive Vetting to SC, eSC, DV, eDV and STRAP.

Other UK clearances

In addition to National Security Clearances, other types of roles and organisations stipulate a need for clearances, including:

United States

This section is an excerpt from United States security clearance.[edit]

A United States security clearance is an official determination that an individual may access information classified by the United States Government. Security clearances are hierarchical; each level grants the holder access to information in that level and the levels below it.

The US president can declassify previously classified information, following a detailed process.[15]

United Nations

The UN has a Security Clearance (SC) procedure and document for United Nations staff travelling to areas designated as security phase areas, with numbers ranging from one to five ("no-phase" areas are calm countries where no SC is required).

United Nations staff can apply for SC online, at the website of the Department for Safety and Security.

Individuals who have had security clearances revoked

In the post World War II era, there have been several highly publicized, and often controversial, cases of officials or scientists having their security clearances revoked, including:

Name Reason Year of revocation
Sandy Berger Mishandling of classified documents 2005
Rod Blagojevich[16] Corruption charges 2008
John O. Brennan Claimed but not processed[17] N/A
John M. Deutch Mishandling of classified information 1999
Thomas Andrews Drake Unauthorized disclosure of secrets 2010
Abdel-Moniem El-Ganayni Unknown reasons 2008
Michael T. Flynn Lying to the FBI 2017
Wen Ho Lee Espionage charges 1999
Robert Oppenheimer Communist sympathies 1954
Aldric Saucier Whistleblowing on fraud[18] 1992
Edward Snowden Unauthorized disclosure of secrets 2013
Alan Turing (UK) Homosexuality conviction 1952
Qian Xuesen Communist sympathies 1950

This list does not cover people whose security clearance lapsed possibly following changing their job.[19]

This section is an excerpt from United States House Judiciary Select Subcommittee on the Weaponization of the Federal Government § Third hearing.[edit]
The subcommittee heard testimony from three self-proclaimed FBI whistleblowers on May 18, 2023. They had previously complained about ways the bureau had allegedly discriminated against conservatives. Two of the three witnesses, and a third man, had their security clearances revoked days before the hearing for participating in the January 6 attack, or for later expressing views about it that placed into question their "allegiance to the United States," according to the bureau. The three men had been suspended; NBC News reported in June that one of the men had been suspended because FBI internal investigators concluded he had leaked sensitive investigative information to the right-wing Project Veritas.[20] Two of the witnesses acknowledged receiving cash payments from Trump loyalist Kash Patel.[21][22][23]

See also

Notes and references

  1. ^ (Abiodun, 2006)
  2. ^ "Standard on Security Screening". tbs-sct.gc.ca. 17 October 2014.
  3. ^ a b "Rescinded [2014-10-20] - Personnel Security Standard". tbs-sct.gc.ca. 6 March 2006.
  4. ^ "Office of the Comptroller General of Canada". tbs-sct.gc.ca. Archived from the original on 12 February 2006. Retrieved 5 March 2008.
  5. ^ a b Security Policy-Manager's Handbook Archived 6 March 2008 at the Wayback Machine
  6. ^ "Standard on Security Screening". tbs-sct.gc.ca. 17 October 2014.
  7. ^ SECU COMMITTEE MEETING
  8. ^ LETTER OF INTEREST
  9. ^ Hiring process and security
  10. ^ REO: O-55840 - CA Int Regt Kingston - Tasks Manager
  11. ^ "The questions being asked in the Maxime Bernier affair". CBC News. 28 May 2008. Archived from the original on 5 August 2022.
  12. ^ CSIS Security Screening Archived 26 December 2010 at archive.today
  13. ^ "Consolidated federal laws of Canada, Security of Information Act". lois-laws.justice.gc.ca. 20 June 2024. Retrieved 2 October 2024.
  14. ^ "ISM Chapter 2 Part I". Archived from the original on 9 March 2008.
  15. ^ Goldman, Adam; Fandos, Nicholas; Savage, Charlie (2 February 2018). "House Republicans Release Secret Memo Accusing Russia Investigators of Bias". The New York Times. Retrieved 2 February 2018.
  16. ^ Ill. governor's federal security clearance revoked
  17. ^ Schmidt, Michael S.; Barnes, Julian E. (25 May 2019). "Trump's Targeting of Intelligence Agencies Gains a Harder Edge". The New York Times – via NYTimes.com.
  18. ^ Evans, David (15 April 1992). "Army Again Targets Fraud Whistle-blower". Chicago Tribune. Retrieved 26 August 2017.
  19. ^ "Guidance United Kingdom Security Vetting". (UK) Ministry of Defence. Retrieved 18 August 2018.
  20. ^ Nobles, Ryan (8 June 2023). "FBI agent who testified for Republicans was suspended over leaked sensitive information". NBC News.
  21. ^ Ken Dilanian; Ryan J. Reilly (18 May 2023). "GOP witnesses undermined Jan. 6 cases with conspiracy theories, FBI says". NBC News.
  22. ^ Feuer, Alan (17 May 2023). "F.B.I. Revokes Security Clearances of 3 Agents Over Jan. 6 Issues". The New York Times.
  23. ^ Luke Broadwater; Adam Goldman (2 March 2023). "G.O.P. Witnesses, Paid by Trump Ally, Embraced Jan. 6 Conspiracy Theories". The New York Times.

Canada

Germany

German language official files

United Kingdom

United States

UN

Geneva Centre for the Democratic Control of Armed Forces

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