A decision requiring access clearance which affects an independent natural or legal person
may be appealed.
Persons may be granted access clearance if they are to have access to objects or
infrastructure classified pursuant to section 7-2. The ministry may decide that persons
holding a particular level of security clearance shall also be cleared for access to a
specified critical national object or specified critical national infrastructure.
The King may issue regulations on decisions requiring access clearance and the
relationship between access clearance and security clearance.
Section 8-4.Clearance decisions
A person may only be cleared if there are no reasonable grounds for doubting the persons
suitability related to security. Clearance decisions are made by the clearance authority.
In the assessment of suitability related to security, emphasis shall be given to
circumstances relevant to the person's reliability, loyalty and judgment in connection with
the processing of classified information and access to critical national objects and
infrastructure. The assessment shall be based on vetting.
The clearance authority shall ensure that clearance cases are elucidated as well as
possible. If there is doubt about whether a person is suitable for security clearance, the
clearance authority shall conduct a security interview with the person.
Emphasis may be given to information related to the following circumstances:
a)
espionage, planning or committing acts of terrorism, sabotage, assassinations or
similar acts, and attempts to engage in such activities
b)
criminal acts or preparing for or inciting criminal acts
c)
circumstances which may cause the person, or that person's associates, to be
subjected to threats against their life, health, freedom or honour, such that the
person may be coerced into acting contrary to national security interests
d)
falsification or incorrect or non-presentation of factual circumstances which the
person had to understand to be relevant to their security clearance
e)
abuse of alcohol or other intoxicants
f)
any illness that on medical grounds temporarily or permanently may reduce
reliability, loyalty or judgment
g)
compromise of critical national information or breach of security provisions
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