Ombudsman Marcin Wiącek has asked the head of the Military Counterintelligence Service (SKW), Gen. Jarosław Stróżyk, to provide explanations in connection with the disclosure by Gazeta Wyborcza of medications taken by Prof. Sławomir Cenckiewicz, head of the National Security Bureau (BBN). “Such incidents may undermine citizens’ trust in state institutions responsible for protecting classified information. When they concern the highest-ranking public officials, they may also compromise the security of the state’s defense potential,” the Ombudsman emphasized.
“Gazeta Wyborcza’s” attack on the head of the BBN. The Ombudsman responds
A Gazeta Wyborcza journalist, Wojciech Czuchnowski, published an article concerning Sławomir Cenckiewicz, head of the National Security Bureau, in which he cited an “anonymous informant.” The publication revealed strictly classified, sensitive medical data from a security clearance questionnaire.
The Ombudsman’s Office recalled that the article disclosed detailed information on the categories of medications taken by a person subject to a security clearance procedure, including data on the psychotropic and psycholeptic nature of the prescribed active substances, as well as information indicating a potentially identifiable pharmacotherapeutic regimen.
“The publication contains information which, under the Act on the Protection of Classified Information, is subject to protection as data from a security clearance procedure. The disclosed information also constitutes a special category of personal data within the meaning of the GDPR, as it relates to health,” the Ombudsman’s Office noted.
According to the Ombudsman, making public data on the health status of a person undergoing a security clearance procedure poses a threat to the individual’s right to privacy and to the protection of classified information. It may also have systemic consequences that go beyond the scope of an individual case.
“Such incidents may undermine citizens’ trust in state institutions responsible for safeguarding classified information. When they concern the highest-ranking public officials, they may also compromise the security of the state’s defense potential, as well as that of states that provide reciprocity,” the Ombudsman explained.
Questions for Stróżyk
Wiącek asked the head of the SKW, Gen. Jarosław Stróżyk, to clarify whether the service cooperated with the Internal Security Agency (ABW) to ensure the protection of classified information also after the completion of the security clearance procedure, in order to limit the risk of unauthorized secondary access to or disclosure of such information.
The Ombudsman also wants to know whether the SKW conducted a security audit following the public disclosure of the information in the media, and whether the service implemented additional control and security procedures after the incident to prevent similar events in the future.
Wiącek further requested that he be provided with the date on which the explanatory proceedings were initiated and informed of the anticipated date of their completion.