Rules of the National and Federal Council (Information Rules Act)

(1) This Federal Act regulates the handling of classified information and non-public information within the spheres of the National and Federal Councils.

(2) Information within the spheres of the National and Federal Councils other than classified information or non-public information as defined in § 3 shall be accessible to the general public.

(3) As long as information is classified it shall not be archived.

(4) Whenever this Federal Act refers to provisions of other federal laws, they shall be applied as amended.

Any person who under this Federal Act is granted access to classified information is under obligation to observe secrecy regarding the information which has thus come to his/her knowledge and shall ensure by complying with the respective standards of protection that no unauthorised persons obtain knowledge of the classified information.

(1) Classified information means any information, tangible or intangible, regardless of its form of presentation and data storage medium, which by reason of its content requires special protection and therefore is to be made accessible to only a limited group of persons.

(2) Non-public information means any information that is unsuitable for publication but is not covered by para 1 above.

(3) EU classified information (EUCI) means any information relating to projects within the framework of the European Union designated by an EU security classification, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the European Union or of one or more of its member states.

(4) ESM classified information means any information for decisions within the framework of the European Stability Mechanism that has been assigned a security classification by organs of the European Stability Mechanism.

(5) Originator means the organ under whose authority and responsibility classified information was created or forwarded to the National Council.

(1) Classified information created by Austrian organs or received under § 2 para 1 of the Information Security Act, Federal Law Gazette I No. 23/2002, shall be classified at the following levels:

1. Eingeschränkt (Restricted), if unauthorised disclosure of the information would be contrary to the interests of the maintenance of public peace, order and security, comprehensive national defence, external relations, the economic interests of a corporate entity established under public law, the preparation of a ruling or the preponderant legitimate interests of the parties involved, and the information requires special organisatorial protection (level 1).

2. Vertraulich (Confidential), if disclosure of the information would create a risk of prejudice to the interests referred to in subpara 1 above (level 2).

3. Geheim (Secret), if disclosure of the information would create a risk of substantial prejudice to the interests referred to in subpara 1 above (level 3).

4. Streng Geheim (Top Secret), if disclosure of the information would be likely to cause grave prejudice to the interests referred to in subpara 1 above (level 4).

 
(2) EUCI shall be classified at one of the following levels:

1. Restreint UE/EU Restricted: Bills, documents, reports, items of information and communications relating to projects within the framework of the European Union the unauthorised disclosure of which could be disadvantageous to the essential interests of the European Union or of one or more of its member states (level 1).

2. Confidentiel UE/EU Confidential: Bills, documents, reports, items of information and communications relating to projects within the framework of the European Union the unauthorised disclosure of which could harm the essential interests of the European Union or of one or more of its member states (level 2).

3. Secret UE/EU Secret: Bills, documents, reports, items of information and communications relating to projects within the framework of the European Union the unauthorised disclosure of which could seriously harm the essential interests of the European Union or of one or more of its member states (level 3).

4. Très Secret UE/EU Top Secret: Bills, documents, reports, items of information and communications relating to projects within the framework of the European Union the unauthorised disclosure of which could cause exceptionally grave prejudice to the essential interests of the European Union or of one or more of its member states (level 4).

(1) The National and Federal Councils shall respect the classification, or security classification, of information forwarded to them and ensure the safe handling of classified and non-public information.

(2) Information forwarded to the National or Federal Council should be classified only to such extent as is indispensable. Of any classified information the originator should, if possible, also provide a version suitable for publication.

(3) Information forwarded to the National or Federal Council shall be declassified or downgraded by its originator if the reasons for its original classification, or security classification, either no longer apply or necessitate its downgrading. The originator shall without delay inform the National or Federal Council, as the case may be, in writing of the declassification or downgrading.

(1) A Member or a committee of the National Council may propose to the President of the National Council the declassification or re-classification of information forwarded to the National Council, for which proposal the reasons shall be stated in writing. This does not apply to EU classified information, ESM classified information or to information under § 2 para 1 of the Information Security Act.

(2) The President of the National Council shall inform the information's originator of such proposal and afford him opportunity to give his opinion. The President shall decide on the proposal after consultation with the President’s Conference, weighing interests of confidentiality requiring protection against the public interest in having the information used in the deliberations of the National Council and its committees.

(3) The President shall without delay communicate his decision under para 2 above to the originator.

(4) The originator may challenge the decision before the Constitutional Court under Art. 138b para 2 of the Federal Constitutional Law on grounds of unlawfulness.

(5) The President’s decision shall not become effective before the period allowed for challenge under § 56j para 1 of the Constitutional Court Act 1953, Federal Law Gazette No. 85/1953, has lapsed.

In case information has also been forwarded to the Federal Council, the President of the National Council shall inform the President’s Conference of the Federal Council of any proposal under § 6 para 1 and afford it opportunity to give its opinion. If possible, the National and Federal Councils shall reach consensus on the handling of this matter.

(1) A Member or a committee of the Federal Council may propose to the Chairperson of the Federal Council the declassification or re-classification of information forwarded to the Federal Council, for which proposal the reasons shall be stated in writing. This does not apply to EU classified information or to information under § 2 para 1 of the Information Security Act.

(2) § 6 paras 2 to 5 and § 7 shall apply, mutatis mutandis.

(1) Information created in the National or Federal Council shall be assigned to a classification level as defined in § 4 para 1, depending on the protection it requires. In classifying such information, due consideration shall be given to the classification level of information relating to it. Classification shall be limited to such extent as is indispensable.

(2) Information shall be classified by its originator. It shall be marked clearly and visibly with the classification level.

(3) The originator shall declassify or downgrade information if the reasons for its original classification either no longer apply or necessitate its downgrading.

(1) A Member or a committee of the National Council may move the originator declassify or re-classify information created in the National Council under § 9, for which motion the reasons shall be stated in writing. The originator shall decide on such motion without undue delay. § 42 para 2 of the Rules of Procedure Act 1975, Federal Law Gazette No. 410/1975, shall not apply. If the originator is the President, he shall decide after consultation with the President’s Conference.

(2) A Member or a committee of the National Council may propose to the President of the National Council the declassification or re-classification of information created in the National Council under § 9, for which proposal the reasons shall be stated in writing. The President shall have the right to make such proposal of his own accord.

 
(3) The President shall inform the information's originator of the proposal under para 2 above and afford him opportunity to give his opinion. The President shall decide on the proposal after consultation with the President’s Conference, weighing interests of confidentiality requiring protection against the public interest in having the information used in the deliberations of the National Council and/or Federal Council and its committees.

(4) Paras 1 to 3 above shall apply, mutatis mutandis, to the Federal Council.

(5) If information under § 9 was assigned to a classification level in a previous legislative period or by a committee that has ended its activity, there shall be no need for an opinion under para 3 above.

Provisions of this Federal Act applying to committees of the National Council shall be applied, mutatis mutandis, to subcommittees.

(1) Non-public information of the National Council shall be accessible to the Members of the National Council, persons designated by the parliamentary groups and employees of the Parliamentary Administration to such extent as is necessary for the performance of their official duties. It shall be distributed in accordance with the provisions of the Rules of Procedure Act 1975.

(2) The Procedural Judge and his deputy as well as the Procedural Advocate and his deputy shall have access to all non-public files and documents submitted to, or created in, the Investigating Committee. The Special Investigator shall have access to such files and documents to such extent as is required under his mandate.

(1) The inspection and distribution of classified information of the National Council shall be subject to the following provisions:

1. Classified information of level 1 may be accessed by Members of the National Council and by persons designated by the parliamentary groups.

2. Classified information of level 2 shall be communicated to the members of the President’s Conference and to persons designated by the parliamentary groups. In addition, such information shall be open to inspection in the Parliamentary Administration by Members of the National Council.

3. Classified information of level 3 shall be communicated to the members of the President’s Conference. In addition, such information shall be open to inspection in the Parliamentary Administration by persons designated by the parliamentary groups.

4. Classified information of level 4 may be accessed by the members of the President’s Conference. The President shall inform them of the receipt of such information.

5. Employees of the Parliamentary Administration shall have access to classified information to such extent as the performance of their official duties requires, which shall be decided upon by the President after consultation with the President’s Conference.

6. When designating persons under subparas 1 to 3 above, the parliamentary groups shall ensure that any access granted is required for the performance of parliamentary duties. The number of persons to be designated by the parliamentary groups shall be determined by the President after consultation with the President’s Conference.

7. The Procedural Judge and his deputy as well as the Procedural Advocate and his deputy shall have access to all classified files and documents submitted to, or created in, the Investigating Committee. The Special Investigator shall have access to such files and documents to such extent as is required under his mandate.

 
(2) The handling of classified information of the National Council in committees shall be subject to the following provisions:

1. If classified information of level 2 is forwarded to a committee, it shall be distributed to the committee members.

2. If classified information of level 3 or 4 is forwarded to a committee, it may be distributed only during its sitting and for not longer than the duration of the sitting. Any further use may be ordered by the President after consultation with the President’s Conference.

3. Once a project within the framework of the European Union is placed on the agenda of the Main Committee, classified information of levels 1 and 2 relating thereto shall be distributed to the members of the Main Committee. Classified information of levels 3 and 4 may be distributed only during its sitting and for not longer than the duration of the sitting.

(3) The inspection and distribution of bills, documents, reports, items of information and communications within the framework of the European Stability Mechanism shall be governed by §§ 5, 7 and 8 of Annex 2 to the Rules of Procedure Act 1975.

Concerning the inspection and distribution of non-public and classified information of the National Council, National Council committees may, with regard to information forwarded to them, restrict the group of authorised persons under § 13 para 1 subparas 1 to 4 to those persons for whom access is indispensable for the performance of their duties in connection with the respective committee.

Non-public information of the Federal Council shall be accessible to the Members of the Federal Council, persons designated by the Federal Council groups and employees of the Parliamentary Administration to such extent as is required for the performance of their official duties. It shall be distributed in accordance with the provisions of the Rules of Procedure of the Federal Council, Federal Law Gazette No. 361/1988 as amended.

(1) The inspection and distribution of classified information of the Federal Council shall be subject to the following provisions:

1. Classified information of level 1 may be accessed by Members of the Federal Council and by persons designated by the Federal Council groups.

2. Classified information of level 2 shall be communicated to the members of the President’s Conference and to persons designated by the Federal Council groups. In addition, such information shall be open to inspection in the Parliamentary Administration by the Members of the Federal Council.

3. Classified information of level 3 shall be communicated to the members of the President’s Conference. In addition, such information shall be open to inspection in the Parliamentary Administration by persons designated by the Federal Council groups.

4. Classified information of level 4 may be accessed by the members of the President’s Conference. The Chairperson shall inform them of the receipt of such information.

5. Employees of the Parliamentary Administration shall have access to classified information to such extent as the performance of their official duties requires, which shall be decided upon by the Chairperson after consultation with the members of the President’s Conference.

6. When designating persons under subparas 1 to 3 above, the Federal Council groups shall ensure that any access granted is required for the performance of parliamentary duties. The number of persons to be designated by the Federal Council groups shall be determined by the Chairperson after consultation with the President’s Conference.

 
(2) The handling of classified information of the Federal Council in committees shall be subject to the following provisions:

1. If classified information of level 2 is forwarded to a committee, it shall be distributed to the committee members.

2. If classified information of level 3 or 4 is forwarded to a committee, it may be distributed only during its sitting and for not longer than the duration of the sitting. Any further use may be ordered by the Chairperson after consultation with the President’s Conference.

3. Once a project within the framework of the European Union is placed on the agenda of the EU Committee, classified information of levels 1 and 2 relating thereto shall be distributed to the members of the EU Committee. Classified information of levels 3 and 4 may be distributed only during its sitting and for not longer than the duration of the sitting.

Any person who under this Federal Act is granted access to classified information shall be briefed on the handling of classified information, and his awareness of threats to the security of classified information shall be raised. Evidence of such briefing shall be duly recorded.

(1) Whoever in contravention of the provisions of this Federal Act discloses or uses classified information of level 3 or 4 to which he has gained access under this Federal Act, which is not generally accessible, and the disclosure or use of which is liable to violate public security, criminal justice, comprehensive national defence, external relations or a legitimate private interest, shall be sentenced by the court to imprisonment for a term of up to three years.

(2) Media owners, editors, journalists and employees of media companies or media services shall not be treated as accessories in terms of § 12 of the Criminal Code, Federal Law Gazette No. 60/1974, insofar as the act accomplished by them does not go beyond receipt, evaluation or publication of the information.

A violation of this Federal Act does not give rise to any claims under civil law.

For the physical protection of classified information the following appropriately secured areas shall be established:

1. Administrative areas: areas with a visibly defined perimeter which allows persons to be checked, to which unescorted access shall be granted only to persons who are duly authorised. All other persons shall be escorted at all times by an authorised person or be subject to equivalent control.

2. Specially secured areas: areas with a visibly defined and protected perimeter through which all entry and exit are controlled, to which unescorted access shall be granted only to persons who are specifically authorised. All other persons shall be escorted at all times by a specifically authorised person.

3. Specially secured areas protected against eavesdropping: areas secured by additional technological measures. Such areas shall be free of unauthorised communication lines, electronic equipment and communication devices. They shall be regularly physically and technically inspected.

(1) Classified information of levels 2, 3 and 4 shall be registered. For this purpose, a registry for EU classified information and a registry for other classified information in terms of this Federal Act shall be established, each of them as a joint registry of the National and Federal Councils.

(2) The registries shall be established as specially secured areas separate from each other.

Classified information may be processed, stored and transmitted using only ICT systems, algorithms and operations that are adequate for the respective classification levels. The President of the National Council in consensus with the Chairperson of the Federal Council shall commission an independent expert who shall assess the adequacy, taking into account the standards set by the Information Security Commission established under § 8 of the Information Security Act. It shall be agreed that a re-assessment, taking into account changes in general conditions, shall take place at regular intervals.

Unusual incidents such as loss, unlocatability or falsification of classified information shall be reported immediately to the responsible registry, which shall take all requisite measures to recover the information, avoid any further negative consequences and establish the facts of the incident. These measures shall be appropriately recorded in the journals. The President of the National Council and the Chairperson of the Federal Council shall be informed of such incidents without delay. A loss shall also be reported to the institution, body or agency from which the information was originally received.

The system of security risk management shall in any and every case be subjected to annual checks by the persons in charge of the Registry, evidence of which shall be duly recorded. Whenever the person in charge of the Registry is replaced, a complete inventory of the Registry’s holdings shall be taken.

For purposes of rendering administrative assistance, non-public information and information classified under § 9 of the National or Federal Council may be released only if the requesting organ expressly so desires and is in a position to ensure the required standard of protection. The request shall indicate up to which classification level provisions are made for an adequate standard of protection.

The President of the National Council may, in consensus with the Chairperson of the Federal Council, after consultation with the respective President’s Conferences, decree supplementary provisions concerning the security briefing as well as the marking, registration, storage and handling, distribution and carriage, electronic processing and destruction of classified information in terms of this Federal Act.

In individual cases

the President of the National Council may after consultation with the President’s Conference decree provisions in departure from § 13 concerning the handling and distribution of classified information of the National Council,

and the Chairperson of the Federal Council may after consultation with the President’s Conference decree provisions in departure from § 16 concerning the handling and distribution of classified information of the Federal Council.

This Federal Act shall enter into force on January 1, 2015.