Home » Posts tagged "Classification"

Security Classification Primer

Much is heard these days of government secrets being uncovered, national security being compromised, and of sensitive information getting into the wrong hands. Most countries have a classification system to formalize state secrets and protect information from being used to endanger citizens. This article will familiarize you with the security classification system.

Although the exact number varies from country to country, there are generally five levels of security classification:

Top Secret: Information which, in the hands of the enemy would put the security of America at exceptionally grave risk. Individuals undergo meticulous investigation to receive the level of clearance necessary to view this information. Clearance must be renewed every five years.

Secret: Information which could cause serious damage if publicly available. Intense investigation is required for individuals with this clearance, which must be renewed every ten years.

Confidential: Information which could compromise the safety of Americans. Clearance must be renewed every fifteen years for individuals on this level.

Restricted: Information which could have undesirable effects if publicly available. Some countries (the US included) do not use this security level.

Unclassified: Not technically a classification. This includes all information that does not pose a security risk, which is available to the public.

All classified information, regardless of the level, is available only on a “need to know” basis. Therefore, an individual having Top Secret clearance may not be privileged to view all Top Secret documents, only those documents which are pertinent to his or her work.

When two or more countries agree to share information with each other they must agree upon a uniform classification system. The United Nations, NATO, and the European Defense Organization all have their own security classification systems.

One example of a country without a formal classification system is China. The Criminal Law of the People’s Republic of China makes it a crime to release a state secret. However, there is only a vague definition of what constitutes a state secret; therefore the government has used this law to imprison journalists.

Private corporations make use of a similar type of security classification system when working with new product development teams, mergers, and the company’s financial reports. This type of information is protected under trade secret laws. Employers can require their employees to sign confidentiality agreements and undergo extensive background checks. While corporate classification lacks the harsh criminal sanctions of the government classification, individuals who leak company secrets can be tried and punished in courts of law.

Many citizens live out their lives without a thought for the secrets their government keeps from them. The military is the largest employer of people with such clearances. It might surprise you to know that one out of every thirty Americans, or 3-5 million individuals are authorized to some extent to know state secrets. Of all individuals with such clearances, it is estimated that one in a thousand can be expected to compromise the secrets they are entrusted with, either out of blackmail, greed, or sloppiness.

Only those individuals in positions where it is anticipated they will be dealing with classified information may apply for security clearance. Once the candidate has completed the application phase a detailed investigation ensues. The applicant’s background will be thoroughly examined by the Defense Security Service, and depending on the level of clearance needed, family members and relatives may also be scrutinized. The investigation phase can last up to a year or more. Candidates who pass this phase will then enter the adjudication phase. In this phase all information gathered in the previous two phases is reviewed and analyzed, based on thirteen factors determined by the Department of Defense. Allegiance to the United States and personal conduct are examples of areas that are considered. Four factors that are certain to lead to rejection of an applicant are:

1. Candidate was convicted of a crime and imprisoned for more than one year.

2. Candidate uses controlled substances.

3. Candidate has been deemed mentally incompetent by a health professional approved by the Department of Defense.

4. Candidate was discharged from the armed forces under dishonorable conditions.

Having a security clearance is nothing to sneeze at, and some experts say that having such a clearance can increase one’s salary between and K. It is evident that the ability to keep a secret is a valued commodity in this increasingly precarious society.

About the Author:

Francesca Black develops educational material for http://www.security-port.com and http://www.security-protection.net a top resource for locating security related RSS feeds.

Article from articlesbase.com

More National Security Articles

Test of Valid Classification under Constitution of India

Art 14 Declares “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Thus Art 14 used the two expression “equality before the Law” and “equal protection of the law”

As such this right  was considered generally a negative right of an individual not to be discriminate in access to public offices or places or in public matter generally. It did not take account of existing inequalities arising even from the public policies with that kind of undertaking of the right to equality.

This first expression equality before the law, is a somewhat negative concept which is said to be have taken from English common law, is a declaration of equality of all person within the territory of India, implying there by the absence of any special privilege in favor of any individual. Ever person whatever be his rank or position is subject to the jurisdiction of the ordinary court. Prof. Dicey, explain the concept of equality as it operated in England said ” with us every official from the PM down to a constable or collector of taxes is under the same responsibility for every act done without any legal justification as any other citizen.

The second expression the equal protection of the law which is rather a corollary of the first and is to be taken from US, it is a more positive concept implying equality or treatment in equal circumstances.

These two expression under this article to make the concept of equal treatment a binding principle of State action .  The word Law in the former expression is used in a generic sense a philosophical sense, whereas the word Laws in the latter expression denotes specific laws. It has not explained this statement any further, but it means that equality for all is the law or standard norm of the land.

Equal protection of the laws is now being read as a positive obligation on the State to ensure equal protection of the Laws  by bringing in necessary social and economic  changes so that every one may enjoy equal protection of the laws and nobody is denied such protections.

Underlying Principle

As no human being are equal in all respect the same treatment to them in every respect would result in unequal treatment. For example the same treatment to a child as to an adult or to a physically challenge or healthy person, will result in unequal treatment.

Therefore the underlying principle of equality is: not the uniformity of treatment to all in all respect, but rather equal must be treated equally  while unequal must be treated differently.

But this does not mean the unequal treatment for all, while the later Article of this part ( Part III) especially Art 15 and 16,  equality not only prohibited unequal treatment but it also demands equal treatment. Therefore state must not only treat people unequally but it must also take positive steps to remove existing inequalities, especially those inequalities which treat human being less then human being.

Test of Valid Classification

This article forbids the legislature classification, but it does not forbid reasonable classification of person, objects and transactions by the legislature for the purpose of achieving specific ends. And differentia must have a rational relation to the object sought to be achieved by the Act.

There must be an nexus between the basis of classification and the object of the Act which makes the classification.

In Kedar Nath Bajoria V/s State of WB

It said

The equal protection of the Laws guaranteed by the Article 14 of the Constitution does not mean that all the Laws must be general in character and universal in application and that the  State is no longer  to have the power of distinguishing and classifying persons or things for the purpose of legislation.

In E.P Yoyappa v/s State of TN

Propounded a new approach to Article 14 in the following words:

Equality is a dynamic concept with many aspects and dimensions and it is cannot be cribbed, cabined and confined within traditional and doctrinaire limits. For a positive point of view equality is antithetic to arbitrariness.

In Maneka Gandhi v/s Union of India

Article 14 strikes at arbitrariness in state action and ensure fairness and equality of treatment, the principle of reasonableness, which logically as well as philosophically is an essential element of equality or non arbitrariness pervades Article 14 like a brooding omnipresence.

 

 

Hi, my name is Naveen Kumar Shelar. I reside in New Delhi, India currently employed full time as a Facility & Administration Professional .

I started out as a Executive Administration late in 2005 evolved into a Facility & Administration with time and now I’m into New office development and Planning . I am mostly involved in new office infrastructure planning, procurement development, execution, and operations, not only this but I love to policies and procedure drafting for office operations.

When I’m not working I am mostly into sports like Cricket or Chess. I’m also into movies and music big time. I love spending time at home on holidays with my mom, dad, wife Anu, daughter Shrishty, Siya  and my pet Ronny, chutki (Labrador) who is simply on his moves all the time to keep you busy at home 🙂

My father and my mother has been a great source of inspiration for my life.

Specialties: New office set up and it’s whole life cycle, in technology driven organizations. Competitive analysis, process compliance & improvements, policy and procedure drafting, legal Agreement drafting.

Article from articlesbase.com