Ochrona informacji niejawnych w USA. Wybrane regulacje karne i administracyjne
Protection of classified information in the USA. Selected penal and administrative regulations

Summary/Abstract: The article discusses the administrative regulations regarding the classified information protection system in the USA. Moreover, it presents the effective penal code provisions directed against the disclosure of classified information in the USA and their interpretations. What is more, the paper presents the administrative provisions regulating the procedure for carrying out security background investigation of public administration officials in order to issue a security clearance which grants them access to classified information. Further, the reasons for the classification of information and its protection with an adequate classification clause are explained. On the basis of the analysis of US regulations, a conclusion is drawn that Polish legislation does not include a justification for depositaries of secrets who disclose classified information (without obtaining the affirmation from the authorities specified by law) to prosecute the perpetrators of crimes. This could be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of classified information in the USA. Initiated study can be used to carry out in-depth comparative research in this field in the future.

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