Decision (EU) 2016/2386 of the Court of JusticeShow full title

Article 13 Breaches of security and compromise of FIDUCIA information

1. A breach of security is an act or omission by an individual that is contrary to the security rules laid down in this decision.

2. Compromise occurs when, as a result of a breach of security, FIDUCIA information has been disclosed in whole or in part to persons who are not, or are not deemed to be, authorised persons.

3. Any breach or suspected breach of security shall be reported forthwith to the security authority.

4. Where it is established, or where there are reasonable grounds to assume, that FIDUCIA information has been compromised or lost, the security authority, liaising closely with the President and the Registrar of the Court of Justice, shall take all appropriate measures in accordance with the applicable provisions in order to:

(a) inform the main party that produced the information or material concerned;

(b) request the competent authority to commence an administrative investigation;

(c) assess the potential damage caused to the security of the Union or to that of one or more of its Member States or to the conduct of their international relations;

(d) prevent any recurrence; and

(e) inform the competent authorities of the steps taken.

5. Any person responsible for a breach of the security rules laid down in this decision shall be liable to disciplinary action in accordance with the applicable provisions. Any person responsible for compromise or loss of FIDUCIA information shall be liable to disciplinary and/or legal action in accordance with the applicable provisions.