What is a security clearance?
A security clearance is legally required when a person holds a position or function in which they need access to information protected by a classification ranging from "RESTRICTED" to "TOP SECRET". "Classified information" refers to sensitive information whose unauthorised disclosure could endanger the security of Luxembourg or of a partner state, harm Luxembourg’s international relations, or jeopardise its scientific and economic potential.
How to obtain a security clearance?
In Luxembourg, security clearances are issued by the National Security Authority (Autorité nationale de sécurité, ANS) following a security vetting process, and once the clearance has been signed by the Prime Minister.
The vetting process is conducted by the National Security Authority upon a reasoned request from the security officer responsible for the individual requiring access to classified information.
The purpose of the security vetting is to verify that the applicant provides sufficient guarantees of discretion, loyalty, and integrity to be able to access and handle classified information.
Clearances may also be granted to legal entities, such as private companies, when they provide sufficient guarantees as to the material and technical means and methods for protecting classified information, and as to the discretion, loyalty, and integrity of the bodies likely to have access to classified information.
What levels of classification exist?
Depending on their level of sensitivity, classified materials are categorised into specific levels of confidentiality. The level of classification also determines the physical security and access-control measures required to protect the information.
In Luxembourg, the classification system has four levels:
- LUX TOP SECRET
- LUX SECRET
- LUX CONFIDENTIAL
- LUX RESTRICTED
To access classified information, two conditions must be met:
- The individual must hold a security clearance at a level at least equivalent to that of the document concerned. For example, a document classified "LUX TOP SECRET" may only be accessed by a person holding a "LUX TOP SECRET" clearance.
- The individual must have a "need-to-know", meaning a legitimate requirement to access or possess the information in order to perform their duties or fulfil their official functions.
At European and international levels, additional categories of classification also exist.
Legal references: Amended law of June 15, 2004 on the classification of documents and security clearances (in French).
