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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
create databases or open personal files, that only the data relating to the
prevention or investigation of criminal offences could be entered into such
databases or personal files. Given that criminal activities did not fall within
the sphere of private life, collection of information about such criminal
activities did not interfere with the right to respect for private life. If
information about a person’s criminal activities entered into a file was not
subsequently confirmed, the personal file had to be closed.
51. Records of intercepted telephone and other communications must be
sealed and stored under conditions excluding any risk of their being listened
to or copied by unauthorised persons (section 8(4) of the OSAA).
52. Information about the facilities used in operational-search activities,
the methods employed, the officials involved and the data collected
constitutes a State secret. It may be declassified only pursuant to a special
decision of the head of the State agency performing the operational-search
activities (section 12(1) of the OSAA and section 5(4) of Law no. 5485-I of
21 July 1993 – “the State Secrets Act”).
53. Materials containing State secrets should be clearly marked with the
following information: degree of secrecy, the State agency which has taken
the decision to classify them, registration number, and the date or conditions
for declassifying them (section 12 of the State Secrets Act).
2. Use of collected data and conditions for their disclosure
54. Information containing State secrets may be disclosed to another
State authority, an organisation or an individual only subject to
authorisation by the State authority which took the decision to classify that
information. It may be disclosed only to State authorities or organisations
holding a special license or to individuals with the required level of security
clearance. The State authority or organisation to which classified
information is disclosed must ensure that that information is adequately
protected. The head of such State authority or organisation is personally
responsible for protecting the classified information against unauthorised
access or disclosure (sections 16 and 17 of the State Secrets Act).
55. A license to access State secrets may be issued to an organisation or
a company only after it has been confirmed that it has specific internal
departments charged with data protection, that its employees are qualified to
work with classified information and that it uses approved systems of data
protection (section 27 of the State Secrets Act).
56. Security clearance is granted only to those State officials who
genuinely need it for the performance of their duties. It is also granted to
judges for the period of their service and to counsel participating in a
criminal case if the case file contains materials involving State secrets.
Anyone who has been granted security clearance must give a written
undertaking not to disclose the classified information entrusted to him