Approved by the Chamber of Deputies as of May 20, 1998.
ACT dated 11th June 1998.

The Act on the Protection of Classified Information
and on the Amendments to Relevant Legislation

Parliament has approved the following Act of the Czech Republic:

Part one
PROTECTION OF CLASSIFIED INFORMATION

Chapter 1
Basic provisions

Section 1
subject of legislation

The Act herein defines information which it is necessary, in the interests of the Czech Republic, to classify (hereinafter "Classified Information"), the method by which it shall be protected, the jurisdiction and powers of State Bodies in their execution of state administration with respect to the protection of Classified Information, the duties of State Bodies, the rights and duties of natural persons and legal entities, and also defines liability for the violation of duties under the Act herein. The Act herein also regulates the status of the National Security Authority (hereinafter "the Authority").

Section 2
Definition for the purposes of the act herein

1. The "interest of the Czech Republic" is to preserve its constitutionality, sovereignty, territorial integrity, to secure the defence of the State and public safety, and to protect important economic and political interests, the rights and freedoms of natural persons and legal entities and the life and health of natural persons.
2. "Damage" means harm to, or endangerment of, the interests of the Czech Republic, or those interests which the Czech Republic has undertaken to protect, the consequences of which Damage cannot be eliminated, or Damage which can be mitigated only by subsequent measures. Depending on the significance of the interests and the seriousness of the Damage caused, Damage shall be graded as Exceptionally Serious Damage, Serious Damage, or simply Damage.
3. "Maintaining confidentiality" refers to the duty not to disclose Classified Information to anyone who is not entitled to have access to such Information.
4. "Protecting Classified Information" refers to the duty to maintain confidentiality and observe other duties set out in the Act herein.
5. "Unauthorised Use of Classified Information" means divulging, abusing, damaging, rendering useless, destroying, breaching its security or loss of such information. Unauthorised use is also considered to be either any failure to mark the Classified Information with a level of security classification, or any incorrect setting of the level of security classification for the Classified Information.
6. A "Central Body" is a Ministry, other central body of state administration, or the Security Intelligence Service, Military Intelligence, or the Office for International Relations and Information (hereinafter "the Intelligence Services"), the Office of the President of the Republic, the Office of the Senate and the Office of the Chamber of Deputies, the Supreme Inspection Agency, the Office of the Government and the Czech National Bank.
7. A "State Body" is a Central Body, other administrative authority, court, public prosecutor, the Police of the Czech Republic or other territorial self-governing unit when carrying out state administration with which it has been delegated.
8. "Organisations" are legal entities or natural persons doing business under conditions which are in accordance with the relevant legislation.
9. The "Authorised Representative" of a State Body, with the exception of municipality, is the head of the Body or, in the case of a municipality, the secretary of the local council or, in the absence of such a secretary, the major; the "Authorised Representative" of an Organisation is the person provided for in the relevant legislation.
10. "Occupation" means service, employment or other work-related legal relationship or employment relationship.
11. "Documentary Material" means security questionnaires, evaluations of a person's state of health, evaluations of a person's Personal Suitability, declarations under oath that a person does not have a criminal record, or extracts from the records of the Criminal Register.
12. A "Designated Person" a natural person who has been designated to have access to Classified Information for a particular area of activity and for a particular level of security classification for which Clearance has been issued, or for a lower level of security classification (hereinafter "Designation"). The condition for Clearance hereinbefore shall apply only in cases in which if the Law requires that it be issued prior to the Designation of a person.

Chapter 2
Classified Information

Section 2
Classified Information

1. Classified Information is such information the unauthorised disclosure of which could Damage the interests of the Czech Republic or interests which the Czech Republic has undertaken to protect, or which could be detrimental to these interests, and which has been included on a list of Classified Information.
2. Lists of Classified Information shall be produced and maintained by the Authority on the advice of Central Authorities.
3. Lists of Classified Information shall be issued by the Government by means of a regulation.

Section 4
Areas of classified information

1. Classified Information may occur in the following areas in particular:
a. the safeguarding of the defence-capability and security of the Czech Republic;
b. state material reserves;
c. the import and export of selected military materials or security technology;
d. the processing and transmission of data in transmission, computer and information systems;
e. the research, development, production and servicing of weapons and security systems and facilities;
f. the protection of persons, things and buildings;
g. preparation of all information for the safeguarding of military transport or the transport of the President of the Republic and parliamentary officials of other countries;
h. the securing of public safety;
i. the Organisational structures of the Intelligence Services and Police Forces of the Czech Republic;
j. the serving of the Intelligence Services or Police Forces of the Czech Republic;
k. the use of intelligence and specific facilities by the Intelligence Services, operational technology and search and investigation facilities by the Police of the Czech Republic or by customs authorities;
l. the form, methods and consequences of activities undertaken by the Intelligence Services, the aim of which activities is to obtain, collect and valuate information;
m. data in the records of the Intelligence Services held for the purpose of fulfilling the tasks within their jurisdiction;
n. co-operation between the Intelligence Services and the Intelligence Services of foreign powers;
o. co-operation between the Police of the Czech Republic and the Police Forces of foreign powers;
p. activities undertaken by the Police of the Czech Republic in exposing criminal activity and the perpetrators thereof, as well as cases conducted by the Intelligence Services;
q. the financial and technical/material supplies of the Intelligence Services and units of the Police of the Czech Republic;
s. scientific-research and technological processes and outcomes, production, research, development and materials;
t. the protection of nuclear and chemical facilities, the transport and storage of nuclear material and dangerous substances;
u. any measures taken by customs authorities;
v. the preparation and implementation of currency measures;
w. the location, transportation and means of safeguarding money reserves, precious metals and currency reserves in gold and foreign currencies;
x. banking operations and the capital market;
y. any claims of the Czech Republic abroad and any means of liquidating such claims;
z. the preparation of amnesties granted by the President of the Republic;
za. the research, development, production and use of facilities whose function is to protect Classified Information or;
zb. international negotiations and agreements, if their character so requires, or if the contractual parties so agree.

Section 5
Levels of security classification

1. All Classified Information shall be classified into the following levels of security classification:
a. Top Secret;
b. Secret;
c Confidential;
d. Restricted.
2. Classified information shall be classified as Top Secret in cases of information the unauthorised disclosure of which would result in exceptionally serious Damage to the interests of the Czech Republic: this level of classification shall be marked by the words "Top Secret" or the abbreviation "TS".
3. Classified Information shall be classified as Secret in cases of information the unauthorised disclosure of which would result in serious Damage to the interests of the Czech Republic: this level of classification shall be marked by the words "Secret" or the abbreviation "S".
4. Classified Information shall be classified as Confidential in cases of information the unauthorised disclosure of which would result in Damage to the interests of the Czech Republic: this level of classification shall be marked by the words "Confidential" or the abbreviation "C".
5. Classified Information shall be classified as Restricted in cases of information the unauthorised disclosure of which would be disadvantageous to the interests of the Czech Republic: this level of classification shall be marked by the words "Restricted" or the abbreviation "R".
6. The Classified Information of a foreign power which has been provided to the Czech Republic, or the Classified Information of a foreign power which the Czech Republic has undertaken to protect shall also be classified according to the preceding subsections.

Section 6
Setting the level of security classification

1. Classified Information shall be marked by the appropriate level of security classification.
2. The level of security classification which has been set must be preserved for the period necessary. If reasons arise for changing or rescinding such security classification, this must be carried out without unnecessary delay.
3. In cases of the dissolution of the State Body or Organisation which set the level of security classification, the level shall be changed or rescinded if necessary by the legal successors of the body or Organisation. If there is no successor, the level shall be changed or rescinded by the Authority. The Authority may also change or rescind the level of security classification at the request of the legal successor to the State Body or Organisation.
4. The level of security classification set shall be changed or rescinded:
a. upon expiry of the period for which it was set,
b. if the significance of the protected interests ceases,
c. if it was set incorrectly, or
d. if it was set without authorisation.
5. The Authority shall lay out, by means of a legal regulation, the details concerning the setting and marking of levels of security classification.

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Chapter 3
The execution of state administration

1. A National Security Authority shall be established as the central administrative authority with respect to the protection of Classified Information.
2. The Government shall appoint the director of the Authority after consulting the committee of the Chamber of Deputies in charge of matters of security. The director shall also be removed by the Government.
3. The Prime Minister is the superior of the director of the Authority and shall undertake supervision of the activities of the Authority.

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Section 8
The authority

1. The Authority shall:
a. ensure that the protection of Classified Information in the Czech Republic is implemented in a uniform manner;
b. carry out State supervision and methodological activities,
c. keep central registries of Classified Information provided within the framework of international relations;
d. fulfil any tasks in compliance with any duties that arise out of international agreements concerning the protection of Classified Information and to which the Czech Republic is bound;
e. ensure that cryptographic research and development is carried out and co-ordinate such research and development, direct the cryptographic protection of Classified Information and provide cryptoanalysis services;
f. ensure that the research, development and manufacture of facilities for the protection of Classified Information is carried out, and to co-ordinate such research, development and manufacture, and to secure the certification and distribution of the aforementioned facilities;
g. secure the certification of information systems intended to handle Classified Information;
h. secure and, to the extent provided for in the Act herein, conduct security checks on natural persons who have been proposed for Designation to have access to Classified Information (hereinafter "Candidates");
i. secure and, to the extent laid out in the Act herein, conduct security checks on Organisations;
j. issue clearance certificate that a Candidate meets the requirements provided for in the Act herein for its issue (hereinafter "Clearance");
k. issue Confirmation that an Organisation meets the requirements provided for in the Act herein for its issue (hereinafter "Confirmation");
l. issue a Certificate confirming to a foreign power that a Candidate has been issued Clearance or that an Organisation has been issued Confirmation (hereinafter "Certificate");
m. issue Clearance or Confirmation on the basis of authorisation to have access to Classified Information that has been issued by a foreign power (hereinafter "security authorisation");
n. keep records of cases of unauthorised use of Classified Information, records of Designated Persons and records of Security Directors;
o. issue standards of security;
p. authorise the provision of Classified Information within the framework of international co-operation.
2. The Authority is entitled to:
a. make use of information from the records of the Ministry of the Interior and from the records of the Police of the Czech Republic;
b. obtain any necessary information from State Bodies and Organisations to the extent necessary to fulfil its tasks under subsection 1;
c. request copies from entries in the Criminal Register for the requirements of security checks;
d. collect data from records;
e. keep security files on Candidates and files on security checks conducted of Organisations.

Section 9
The Intelligence Service

1. The Intelligence Services shall:
a. secure and conduct security checks on their members and candidates for membership, and issue and revoke Clearance of such persons,
b. contribute to the fulfilling of the tasks under Section 8 1. (h and i); Military Intelligence shall contribute to these tasks in cases which concern access to Classified Information within the authority of the Ministry of Defence.
2. In fulfilling the tasks under subsection 1 the Intelligence Services are entitled to:
a. use specific means, intelligence means or means in order to obtain information under the relevant legislation;
b. use data from its files and request, and use, data from the files, and materials arising from the activities, of security and military bodies of the Czechoslovak state;
c. keep data obtained in the process of security checks on Candidates or Organisations in information systems;
d. request copies from entries in the Criminal Register for the requirements of security checks under subsection 1. a;
e. keep records of cases of unauthorised use of Classified Information by members of Intelligence Services,
f. obtain any necessary information from other State Bodies and Organisations to the extent necessary to fulfil the tasks under the Act herein.
3. In fulfilling the tasks under subsection 1, the Intelligence Services shall work together and co-operate as necessary.

Section 10
The police of the Czech Republic

1. The Minister of the Interior shall be entitled, in exceptional and justified cases, to authorise the Police of the Czech Republic to provide and conduct security checks on members or employees of the Police of the Czech Republic, as well as issue and revoke Clearance of such persons.
2. In fulfilling the tasks under subsection 1, the Police of the Czech Republic is entitled to:
a. use operational means of search and investigation and operational technology,
b. request copies of entries in the Criminal Register
c. keep records of cases of unauthorised use of Classified Information by members of the Police of the Czech Republic.
3. The Police of the Czech Republic shall contribute to the fulfilment of tasks under Section 8 1. (h and i).
4. In fulfilling the tasks under subsections 1 and 3 the Police of the Czech Republic shall be entitled to:
a. use data from its files and request, and use, data from the files, and materials arising from the activities, of security and military bodies of the Czechoslovak state,
b. to keep data obtained in the process of security checks conducted on Candidates or Organisations in information systems,
c. to obtain any necessary information from other State Bodies and Organisations to the extent necessary to fulfil the tasks under the Act herein.

Chapter 4
Duties with regard to the Protection of Classified Information

Section 11
The duties of state bodies and organisations

It shall be the duty of State bodies and Organisations to:
a. create the conditions necessary to secure the protection of Classified Information, and to monitor the observance of these conditions;
b. ensure that Classified Information is protected;
c. on uncovering violations of the Act herein, to take measures to eliminate the negative consequences of such violations;
d. to provide information under Section 8 2. b, Section 9 2. f, and Section 10 4. c.

Section 12
The duties of an Authorised Representative

1. It shall be the duty of an Authorised Representative to ensure that Classified Information is protected and to carry out measures for level 1 security checks.
2. It shall further be the duty of an Authorised Representative to:
a. monitor the observance of the duties under the Act herein;
b. maintain an outline of positions of employment or offices for which it is necessary to have access to Classified Information;
c. ensure that records are kept of Designated Persons and persons whose Designation has expired;
d. inform the Authority in writing of all changes which could influence the issuance of Clearance, Confirmation or Certificates;
e. inform the Authority in writing, and without unnecessary delay, of any cases of unauthorised use of Classified Information and of any measures taken;
f. record cases of unauthorised use of Classified Information;
g. inform the Authority in writing of any research, development or production if these contain Classified Information;
h. monitor whether a Designated Person fulfils the conditions under the Act herein for the entire period of his/her Designation;
i. to ensure that all Designated Persons receive specialist training;
j. co-operate with the Authority in the methodological and personnel management of Designated Persons;
k. fulfil tasks with respect to the protection of Classified Information arising from international agreements;
l. undertake the setting and marking of the appropriate level of security classification.
3. The duty under subsection 2. d shall not apply to an Authorised Representatives of the Intelligence Services.
4. With respect to the duty provided for under subsection 2. e, it shall be the duty of the Intelligence Services to inform the Prime Minister.

Section 13
The security director

1. In Central Bodies, district offices, the Municipal Council of the capital city Prague, the Municipal Councils of the chartered cities of Brno, Ostrava and Pilsen, the Authorised Representative shall appoint a Security Director or Security Secretary (hereinafter "Security Director"). The Security Director shall be directly responsible to the Authorised Representative.
2. In State Bodies not listed under subsection 1, and in Organisations, the Authorised Representative may, if necessary, establish the post of Security Director.
3. It shall be a requirement that anyone filling the post of Security Director shall have been issued with Clearance and Designation.
4. A Security Director shall be entrusted by the Authorised Representative to fulfil the duties with respect to Classified Information which the Act herein lays out. The duties of the Authorised Representative with respect to the protection of Classified Information are not affected by the appointment of a Security Director.
5. It shall be the duty of an Authorised Representative to inform the Authority in writing of an appointment of a Security Director within 30 days of the appointment or establishment.

Section 14
The duties of designated persons

1. It shall be the duty of a Designated Person to:
a. protect Classified Information;
b. to notify an Authorised Representative or, if this cannot be done, the Authority, without delay of cases of unauthorised handling of Classified Information;
c. to inform the Authorised Representative of all changes in Documentary Material;
d. to undergo regular health examinations or special examinations under Section 21 3.
2. It shall be the duty of any person designated for the "Top Secret" level of security classification, with the exception of members of the Intelligence Services, to inform the Authority in writing of any excursions made to foreign countries at least five days prior to departure.
3. The duties under subsection 2 do not apply to:
a. excursions to states within the European Union, member states of NATO or neutral states, the list of which shall be determined by the Authority;
b. persons making such excursions in connection with the fulfilment of the tasks of a State Body, or
c. members of Parliament and Senators and to persons mentioned under Section 43.

Section 15
The duties of natural persons

1. It shall be the duty of all persons to observe any necessary restrictions imposed by a State Body or Organisation under the Act herein in connection with the protection of Classified Information.
2. It shall be the duty of all persons to hand in, without delay, any Classified Information found or Classified Information obtained in breach of the Act herein to the Authority; or the Police of the Czech Republic, or to an Embassy of the Czech Republic, or to inform such persons without delay.
3. It shall be the duty of all persons who are not Designated Persons and who have gained access to Classified Information to hold such information in confidence.

Section 16
Duties with respect to the protection of industrial property

1. It shall be the duty of any person who submits an application for a patent, an industrial model, a utility model or the design for a semi-conductor product to the Office of Industrial Property to propose a level of security classification if the subject of the application contains Classified Information.
2. The Office of Industrial Property shall submit a proposal in accordance with subsection 1 to the Authority which, after consulting the appropriate Central Body, shall set the level of security classification. The Authority shall inform the Office of Industrial Property of its decision and the Office of Industrial Property shall mark the level of security classification on the application in accordance with subsection 1.
3. In cases in which the application, under subsection 1, is to be submitted abroad, it shall be the duty of the applicant to request the Authority to set the level of security classification and, in addition, to request the approval of the Authority for the submission of the application in this manner. The Authority shall set the level of classification and grant approval for submission of the application after consulting the appropriate Central Body.

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Section 43
Designated persons under the law

1. Designated Persons under the Law shall include:
a. The President of the Republic,
b. The Chairman of the Chamber of Deputies,
c. The Chairman of the Senate,
d. Members of the Government,
e. The President of the Supreme Inspection Authority,
f. Judges.
2. Persons under subsection 1 shall be persons designated for all levels of security classification as of the date of their election or appointment to office. The Designated Persons under the previous sentence shall be designated only for their period of office and for the purposes of fulfilling the duties of that office.

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Section 46
Release from the obligation to maintain confidentiality

1. In proceedings before a State Body a person may, at his/her request, be released from the obligation to maintain confidentiality (hereinafter as "Release from Confidentiality") by a Minister or head of a Central Body under whose jurisdiction the Classified Information falls, unless the law provides for otherwise.
2. If the Central Body has been dissolved and has no legal successor, Release from Confidentiality may be granted by the director of the Authority.
3. If the obligation to maintain confidentiality applies to matters under debate in the Parliament of the Czech Republic, the Chamber of Deputies or the Senate may, by their own resolution, Release from Confidentiality. In such cases it shall be necessary to apply for the opinion of the appropriate Minister or the head of the Central Body.
4. In the case of orders, which contain Classified Information, the person placing the order shall Release from Confidentiality, or if he/she cannot, the director of the Authority shall do so.
5. Release from Confidentiality shall be carried out by:
a. the President of the Republic with regard to the Prime Minister, the President of the Supreme Inspection Authority, the Chief Justice and Justices of the Constitutional Court, Chief Justice and Justices of the Supreme Court and the head of the Office of the President of the Republic;
b. the Chamber of Deputies with regard to Deputies;
c. the Senate with regard to Senators;
d. the Chairman of the Chamber of Deputies with regard to the head of the Office of the Chamber of Deputies;
e. the Chairman of the Senate with regard to the head of the Office of the Senate;
f. the Prime Minister with regard to Ministers and heads of other Central Bodies;
g. the Chief Justice of the Constitutional Court with regard to Judges of the Constitutional Court;
h. the Minister of Justice with regard to judges of all courts, public prosecutors and lay judges.
6. Prior to any Release from Confidentiality under subsection 5, it shall be necessary to apply for the opinion of the Minister or head of the Central Body under whose jurisdiction the Classified Information falls.
7. Release from Confidentiality shall not be required of the President of the Republic.
8. Release from Confidentiality shall apply only to the relevant Classified Information, and only to the extent that is necessary and for the period of time that is necessary. A written record of the release shall be kept. The Release from Confidentiality shall not affect the level of security classification.
9. Release from the obligation to maintain confidentiality may be withheld in cases which could result in exceptionally serious or serious Damage to the interest of the Czech Republic. Even in such cases, however, the right of a person to defence in criminal proceedings shall not be affected.
10. In cases involving the Classified Information of a foreign power, the information of which information the Czech Republic has undertaken to protect, it shall be necessary to apply for the opinion of the Authority with respect to any Release from Confidentiality. It shall be the duty of the Authority to apply for a binding from the foreign power.

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Chapter 6
Means of protecting classified information

Section 47
Personnel security

1. Personnel security shall consist of a system of measures the aim of which shall be to ensure that only the natural person under Section 17 1. has access to Classified Information. An additional part of personnel security shall constitute measures ensuring the protection of this person.
2. The Authority shall set out, by means of a legal regulation, the procedure for the selection of Candidates, the training of Designated Persons, samples of forms in the sphere of personnel security and the method by which such paperwork should be completed.

Section 48
Administrative security

1. Administrative security shall consist of a system of measures the aim of which shall be to ensure that Classified Information is protected at all stages, namely in its originating, receipt, recording, processing, transportation, storage, discarding, destruction, archiving, and all other handling.
2. The Authority shall set out, by means of a legal regulation, procedures used for the originating, recording, transmission, transferring, transportation, lending and storing, as well as procedures used for other handling or destruction of classified documents.

Section 49
The security of facilities

1. The security of facilities shall consist of a system of measures, the aim of which is to prevent unauthorised persons from gaining access to facilities or areas in which Classified Information is located and to prevent any damage or injury to, destruction of, or any other threat to, Classified Information.
2. The Authority shall set out, by means of a legal regulation, the methods by which the security of facilities shall be secured, the technical means to be used, the conditions to be implemented to ensure the physical protection of the facilities, and shall also stipulate procedural arrangements.

Section 50
Technical security

1. Technical security shall consist of a system of security measures to ensure the protection of Classified Information through technical means.
2. Technical means that have been certified by the Authority, or an Organisation authorised by the Authority, must be used for the protection of Classified Information. Other technical means may be used only in a supplementary manner and on the condition that the use thereof will not reduce the level of protection required for the given level of security classification.
3. A list of certified technical means shall be given in the Bulletin of the Authority.
4. The Authority shall set out, by means of a legal regulation, the system of measures and technical means, and the method of their use, with respect to the protection of Classified Information.

Section 51
The security of information systems

1. The security of information systems shall consist of the system of measures to secure the protection of Classified Information in information systems.
2. Information systems used to handle Classified Information must be certified by the Authority or an Organisation authorised by the Authority.
3. The Authority shall set out, by means of a legal regulation, the requirements for the security of information systems that handle Classified Information and the minimum requirements with respect to computer security.

Section 52
Cryptographic protection

1. The cryptographic protection of Classified Information shall consist of a system of measures to secure the protection of such information that uses cryptographic methods during its processing, transmission, storage and archiving of Classified Information in transmission, computer and information systems.
2. The cryptographic protection of Classified Information shall be secured by professionally competent specialists and by cryptographic means.
3. The Authority or an Organisation authorised by the Authority, shall verify the professional competence of specialists with respect to the cryptographic protection of Classified Information.
4. Only cryptographic means that have been certified by the Authority must be used for the protection of Classified Information.
5. The Authority shall set out, by means of a legal regulation, the methods by which cryptographic means shall be used, implemented and recorded, and also the methods of use of key materials and methods of investigating the professional qualification of employees in cryptographic protection of Classified Information.

Section 53
Certification

1. Certification shall be understood as the process of verifying and approving the suitability of technical means, information systems and cryptographic facilities used for the protection of Classified Information. The purpose of Certification is to ensure that the technical means, information systems and cryptographic devices meet security standards.
2. Certification shall be carried out by the Authority or an Organisation authorised by the Authority for that purpose.
3. The Authority shall set out, by means of a legal regulation, the procedures and methods of the Certification process and the requirements for Certification.

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Part two

Chapter 1

Section 105
Espionage

1. Any person who seeks out information classified under the relevant legislation, the abuse of which could seriously endanger or damage the costitutionality, sovereignty, territorial integrity, defence or security of the Czech Republic or another State or the defence or security of an international Organisation whose interests in a given area the Czech Republic has undertaken to protect, with the intention of betraying such information to foreign powers, or anyone who, with such an intention, collects data containg Classified Information, or who intentionally betrays such Classified Information to foreign powers shall be sentenced to incarceration for a period of two to ten years.
2. Any person who allows or facilitates the activities of a perpetrator of the act referred to in subsection 1, or an Organisation whose aim is to seek out Classified Information, shall be sentenced in the same manner.
3. For the following, a perpetrator shall be sentenced to incarceration for a period of eight to fifteen years:
a. committing an act listed in subsection 1 or 2 as a member of an Organisation whose aim is to seek out Classified Information;
b. committing such an act despite the fact that he/she has been specially entrusted with the protection of Classified Information;
c. acquiring significant benefit through such an act, or committing such an act to a serious extent;
d. if such an act concerns Classified Information classified under the relevant legislation as the "Top Secret" level of security classification.
4. A perpetrator shall be sentenced to a period of between twelve and fifteen years incarceration or a special sentence shall be imposed on a perpetrator if he/she commits an act under subsection 1 or 2 during a time of armed defence of the country.

Section 106
Endangering classified information

1. Any person who seeks out information classified under the relevant legislation with the intention of betraying it to an unauthorised person, who, with such an intention, collects data containing Classified Information, or who intentionally betrays such Classified Information to an unauthorised person shall be sentenced to incarceration for a period of up to three years or shall be prohibited from holding certain positions or shall be fined.
2. For the following, a perpetrator shall be sentenced to incarceration for a period of two to eight years:
a. intentionally disclosing to an unauthorised person information classified under the relevant legislation with the "Top Secret" or "Secret" level of security classification;
b. committing the act under subsection 1 even though he/she has been specially entrusted with the protection of Classified Information;
c. acquiring significant benefit or causing significant damage or other especially serious consequences as a result of such an act.
3. A perpetrator shall be sentenced to incarceration for a period of five to twelve years:
a. if the act referred to in subsection 1 concerns Classified Information in the area of the security of the defence-capability of the Republic classified as "Top Secret" under the relevant legislation;
b. if such an act is committed at a time of armed defence of the State.

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