Tsveta Markova,  Chairperson of the State Commission on Information Security

Tsveta Markova was born in Varna and now that she lives in Sofia she naturally misses the sea. She completed her secondary education at Frederic Joliot-Curie French Language School in the sea capital and being a francophone she has perfect relations with the French Embassy. She graduated from the Faculty of Law of St. Kliment Ohridsky University of Sofia and holds a Master’s degree in Protection of National Security from the Academy of the Ministry of Interior. She boasts a 12-year legal practice in Varna and specializations in Italy, France, Germany, Hungary. And naturally she was the most suitable person for the position of chairperson of the State Commission on Information Security (SCIS), to which she was appointed in 2002 by a decision of the Prime Minister. In 2007 she was given a second five-year mandate. 
Author of a number of publications in the sphere of law, among which the monograph Media and Judiciary. Tsveta Markova believes that a job may be well done but if information is not communicated to the public, people have no way of knowing the achievements. Her typical sincerity, combined with finesse and intelligence, make her “a media minion” despite the risks of the position she occupies.

Mrs. Markova, prior to our interview you had a meeting with the French Ambassador H.E. Mr. Etienne de Poncins? What was the meeting about?
Meetings like that are routine in our work and are aimed at informing the ambassadors about our activities, of the possibilities and the prospects for development of our relations. Bulgaria and France have a bilateral agreement on mutual exchange of information, which was signed in February 2007 in Sofia. The document provides opportunities for the two countries to enhance and develop their relations. It also sets the framework for exchange and protection of classified information, where this is required. This is necessary in various cases, for example in the tenders with special measures of the Bulgarian institutions (ministries, agencies, commissions and other institutions). If foreign companies want to be admitted to such tenders, the exchange of information is important.

I will give a specific example from last year – the procedure of the Interior Ministry for biometric passports as part of the Schengen requirements. About a dozen of companies from EU countries wanted to apply for the tender. This, however, was only possible if the Republic of Bulgaria had an agreement with the respective country and if the company had passed the industrial security procedure in its country of registration. This was the case with Siemens, Germany, the company which is currently executing the order.

You and the American Ambassador recently spoke of signing a new Bulgaria-US agreement.  Why?
First, because the existing agreement was signed before Bulgaria adopted the minimal EU and NATO standards. And second, because it encompasses only the military sphere. It is our will to broaden the scope of the agreement and open an opportunity for developing bilateral relations in the civil sphere as well, i.e. an agreement that we now have with all EU and NATO states. One of the obstacles is the difference in the two countries’ legal systems. In Bulgaria the source of law is the normative act, regardless of its name: constitution, code, law, regulation, rule, instruction. In USA this is the precedent. This difference creates certain difficulties in the negotiation processes but there is no drama. There is a will on behalf of both sides and if we proceed with negotiations on expert level, we will extend the scope of our cooperation by amending and supplementing the existing document.

Bulgaria has signed 28 agreements on access to classified information with various countries ...
The agreements are mainly with European countries. But around three years ago, following a recommendation by the Ministry of Foreign Affairs, we also directed our attention to Asia, the Caucasus region, the countries from the Mediterranean Dialogue and the Partnership for Peace. These are either countries with which Bulgaria maintains and is willing to broaden its economic relations or countries, participating in the NATO missions. We also have agreements with Ukraine, Georgia, Israel, etc. As prescribed by the law, we are implementing the state policy.

You mentioned you familiarize the ambassadors with the activities of the Commission. Could you do the same for our readership?
The State Commission on Information Security was established on November 8, 2002, by a decision of the Council of Ministers, as a condition for Bulgaria’s EU accession. It works on the grounds of the Classified Information Protection Act, which is a good, modern and adequate normative base. In compliance with this act for the first time in Bulgaria was established a collegiate body comprising five members, nominated by the Council of Ministers on the advice of the Prime Minister. They have a mandate of five years and their task is to exercise civil control over the security and public order services (about 10 in Bulgaria), to provide methodological guidance and control, to serve as a contact point in the sphere of international relations and as a central registry. The Commission is a body, which conducts the classified information protection policy of the Republic of Bulgaria. It organizes and coordinates the national security and public order services with NATO and EU inspections. It also issues clearance certificates to all Bulgarian citizens who have to work with EU and NATO classified information.

What is the number of these citizens?
According to the annual report, their number is around 8000.  I would like to point out that the submission of the SCIS Annual Report to the Council of Ministers is an important element for the efficiency of our work. In this way the executive power exercises control over our activity.

In the report you point out the risks and the threats to the national system for classified information protection.
The report is based on analysis of the information we receive from all security and public order services. It serves as a guiding point for setting the priorities, the long- and short-term tasks in the work of the commission and the public order services. Some of them, such as improving the activities for protection and prevention of unauthorized access, require permanent efforts in order to avoid leakage of secret information into the media. Speaking of this, I often say that the protection of classified information is like personal hygiene – it should be done on a day-to-day basis.

What is the balance between the citizens’ right of free access to information and the state and public interests in information security protection?
I would refer to my experience as a judge, a member of the Consultative Council of Judges with the Council of Europe, and as a participant in various trainings under EC programmes in the field of human rights. The Convention on Human Rights states that every one has the right to receive information on the governing of the state, on the functioning of its institutions or even on the way the state budget is spent. But when it comes to information related to the national security and sovereignty, the right of the individual to information falls behind the right of the society and the individual to security.

The practical application of this principle faces a number of difficulties. We can openly say that similar to most NATO and EU member-states, Bulgaria, too, has problems with over-classified information. In their desire to guarantee the national security better, the officers, responsible for its classification, often demonstrate more diligence than it is necessary. Such hyper function can sometimes compromise the aims of the law, i.e. it can be used for covering deals or discrediting.

The real protection of state secrets and national interest is related to the rightly selected level of clearance. Not each and every piece of paper, marked as "Secret" is indeed a secret one. The excessive growth of the number of people having access to classified information and the unprofessional increase of its volume are all prerequisites for unauthorized access.

How many cases of unauthorized access were registered in 2009?
The annual report says the cases have risen from 9 to 35. This can be explained with the changes in some of the security and public order services, with the politicization of their activities during the elections, etc. But the important thing behind the numbers is that statistics provide us with guidelines for our work next year. The cases of unauthorized access do not involve spy operations, in which a 007 agent penetrates in a building and copies the information on microfilm. Information disclosure happens in a more trivial manner. It means we have to enhance the quality of the people, working in the sphere.

Which qualities make a good officer?
Our officers must be appropriately investigated. The initial and constant training is an essential component as well. First, because there are changes, and second, because training influences the disposure of employers. Our officers should not only be professionally acquainted with the technical aspect of our work, but have the awareness of keeping state secrets. In case of violations, it is not necessary to increase the years of the sentence but to guarantee its execution. Each person, who even thinks of consciously disclosing information or showing negligence, should be aware that the state will apply its administrative and penalty repression instruments.

What are your next goals?
For me as chairperson the challenge would be to keep the bar high, to uphold the standards we have achieved in the past years. This proved to be a difficult task. We, Bulgarians, can achieve a lot when we have to invest our efforts in something but once we have proven our capabilities, we are prone to neglect and stray from the standards. Keeping the bar high – where it was in the very beginning – is a very ambitious goal. I am glad we continue doing it. Indicative in this sense is the desire of our Croatian colleagues, voiced at the meeting of the Security Committee, to visit Bulgaria for exchange of expertise. I would like to mention that it was namely with Bulgaria that Croatia signed its first agreement in the field of international relations in 2008.

We are also facing many challenges related to the technical aspect of our work. In the first years we guaranteed the vetting of persons, the granting of premises, the provision of insignificant financial resources for their equipment. Today, however, there are contemporary methods which require significant funds. We are aware the country is in a period of crisis but technologies are developing fast and we hope that in the coming years we will be able to start the process of providing the necessary technologies for the work with classified information.

The money for the building of the Commission stirred a lot of media interest last year.
They were also the reason for a strong pressure over the commission, economic interests were involved. In his letter addressed to Ivan Ivanov, MP from the ticket, deputy prime minister Dyankov noted the building was originally designed at the amount of 35,900,000 BGN, now we are finalizing the construction at the sum of 24 million. I would like to mention that the building was provided by a decision of the Council of Minister and was designed for a planned enragement of the commission of up to 250 people. Currently our staff includes 97 people. The decrease in the funds, needed for the reconstruction of the building, is to a significant extent a result of our efforts to withstand the pressure for spending 36 million. Where does this decrease come from? One of the offers for the special measures system was for the amount of 12 million EUR. Now, I would like to point out, the amount for the special measures with VAT is 1.118 million – 12 times less. These funds are enough. The company executing the project is the same that provided the special measures in the National Assembly, the Council of Ministers and in the prisons of the Republic of Bulgaria. This is a serious attestation for its reliability.

Is not your work too hard and your job typically characterized as male?
My position is burdened with a lot of responsibility; my job is stressful and demanding. Our decisions are not always to the liking of the authorities and the security services. However, I would not say that this assignment was a significant change for me. I have worked for 12 years as a judge which is not an easy profession. As a judge before, and as a chairperson of the SCIS now, I have always known that one should not discuss their work with friends and relatives – this is the principle in NATO. The most important thing is that when you do not share information with your friends and family, it protects them as well. At the same time I am aware that my personal life is more subject to public control and that my personal space is more limited than the personal space of any other citizen.

What is Tsveta Markova like outside the commission?
I have to confess I do not do sports. But I love walking. I can cover endless distances on foot, without transport. Even as a student I used to walk on foot from the Sofia University to Lozenetz, where my sister lived. I still enjoy this today unlike the thought of going to the gym with a bag and a tracksuit and doing exercise under a command.

I love cooking. I have pots with flowers on my balcony. Sometimes I go to the cinema or to the theatre... I adore painting. It was my dream to study in the Arts High School but it did not work out. Although I did not become an artist, I still enjoy beautiful paintings. The one in my office is a present from Suli Seferov, whom I am very fond of. He painted it especially for me. I have several works by Pavel Mitkov as well. I am not a collector. I am not a slave of fashion. I would not hang up a painting even by the most expansive artist, if it depresses me. As you can see, there are things in my office that may seem posh to some, but I keep them because they are gifts from my friends and colleagues, and some are charged with a sense of humour.