100 Questions and Answers on the Newly Revised Secrets Law
Do you have a good grasp of the contents of the newly revised Secrets Law? We have compiled 100 questions and answers about the newly revised Secrets Law, come and brush up on the questions to test the learning effect! Let us work together to carry out in-depth study and publicity activities on the Secrets Law, conscientiously fulfill our obligation to keep state secrets, and earnestly safeguard national security and interests.
1
When will the newly revised Law of the People's Republic of China on Guarding State Secrets (hereinafter referred to as the "Secrecy Law") signed by President Xi Jinping of the People's Republic of China come into effect?
May 1, 2024.
2
What category does a secrecy law fall under in the civil legal system?
Administrative law.
3
What is the purpose of the secrecy law?
In order to keep state secrets, safeguard national security and interests, and ensure the smooth progress of reform, opening up, and socialist modernization.
4
What is the background of the revision and promulgation of the Secrets Law?
Secrecy work has always been an important task of the party and the state, and has played an irreplaceable and important role in various historical periods of revolution, construction, and reform on the mainland. The Secrecy Law is a basic and comprehensive law in the field of secrecy in the mainland. The current Secrets Law, enacted in 1988 and revised in 2010, has effectively promoted the development of secrets and played an important role in guarding state secrets and safeguarding national security and interests. In the new era, profound changes have taken place in the international and domestic situation, the development of science and technology is changing with each passing day, and the work of secrecy is facing some new problems and challenges. In order to better adapt to the new situation and new tasks, it is necessary to revise and improve the Secrets Law.
5
What is the significance of the revision and promulgation of the Secrets Law?
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the revision of the Secrets Law thoroughly implements the Party Central Committee's decision-making and deployment on confidentiality work and the spirit of General Secretary Xi Jinping's important instructions and instructions, fully implements Xi Jinping Thought on the Rule of Law, adheres to the overall national security concept, coordinates development and security, and elevates the mature and effective policy measures and practical experience of confidentiality work since the 18th National Congress of the Communist Party of China into a legal system, providing a more powerful legal guarantee for effectively building a strong line of defense for the security of state secrets. The revision of the Secrets Law is a major achievement in strengthening the construction of the rule of law for secrecy, an inevitable requirement for improving the national security system, and is of important and far-reaching significance for promoting the high-quality development of secrecy work and safeguarding national sovereignty, security, and development interests.
6
How many chapters and articles are there in this Secrecy Law?
Chapter 6, Article 65.
7
What is the concept of a state secret?
State secrets are matters that have a bearing on national security and interests, are determined in accordance with legal procedures, and are known only to a certain range of persons for a certain period of time.
8
What is the content of "upholding the party's leadership" added to the Secrecy Law?
Adhere to the leadership of the Communist Party of China over the work of guarding state secrets. The central leading institution for secrecy work leads the nation's secrecy work, researching, formulating, and guiding the implementation of the state secrecy work strategy and major guidelines and policies, making overall plans and coordinating major state secrecy matters and important work, and advancing the establishment of the rule of law for state secrecy.
9
What are the principles that should be followed in the work of confidentiality?
Secrecy work adheres to the overall concept of national security, follows the principles of the Party's management of secrecy, management in accordance with law, active prevention, highlighting key points, attaching equal importance to technology and management, and innovative development, so as to ensure the security of state secrets and facilitate the rational use of information resources.
10
What does the Confidentiality Law stipulate on the subjects who perform the confidentiality obligation?
All state organs and armed forces, political parties and people's organizations, enterprises, institutions and other social organizations, and citizens have the obligation to maintain confidentiality.
11
What kind of conduct is subject to confidentiality laws?
Any act that endangers the security of state secrets must be prosecuted according to law.
12
How does the Secrecy Law stipulate the scope of the area in charge of secrecy work by the secrecy administration and management department?
The state department for the administration and management of secrets is in charge of the nation's secret-guarding work. Local departments for the administration and management of secrecy at or above the county level are in charge of secrecy work in their respective administrative regions.
13
How does the State Secrets Law stipulate that organs and units shall implement a responsibility system for secret-guarding work?
Organs and units shall implement a responsibility system for secrecy work, lawfully set up secrecy work bodies or designate special personnel to be responsible for secrecy work, complete secrecy management systems, improve secrecy protection measures, carry out secrecy publicity and education, and strengthen secrecy supervision and inspection.
14
What are the provisions of the Secrecy Law on strengthening publicity and education on secrecy?
The State is to employ a variety of forms to strengthen publicity and education on secrecy, including secrecy education in the national education system and the education and training system for civil servants, encouraging the mass media to carry out publicity and education on secrecy for the public, popularizing knowledge of secrecy, publicizing the rule of law on secrecy, and enhancing the entire society's awareness of secrecy.
15
What does the Secrecy Law say about encouraging and supporting the innovation of secrecy science and technology?
The State encourages and supports the research and application of science and technology in secrecy, increases the capacity for independent innovation, and protects intellectual property rights in the field of secrecy in accordance with law.
16
How does the Secrets Law stipulate the funds required for confidentiality work?
People's governments at the county level or above shall include secrecy work in the national economic and social development plan at that level, and the necessary funds shall be included in the budget at that level.
The funds needed by organs and units to carry out secrecy work shall be included in that organ's or unit's annual budget or annual revenue and expenditure plan.
17
What are the provisions of the Secrecy Law on strengthening the cultivation of secrecy talents?
The state is to strengthen the cultivation of secret-guarding personnel and the establishment of teams, and improve relevant incentive and safeguard mechanisms.
18
What is the scope of matters involving state secrets?
(1) Secret matters in major decision-making on state affairs;
(2) Secret matters in the construction of national defense and the activities of the armed forces;
(3) Secret matters in diplomatic and foreign affairs activities, as well as secret matters that bear the obligation of confidentiality to the outside world;
(4) Secret matters in the course of national economic and social development;
(5) Secret matters in science and technology;
(6) Secret matters in activities to preserve national security and investigate criminal offenses;
(7) Other secret matters as determined by the state secrecy administrative department.
Where the provisions of the preceding paragraph are met in the secret matters of political parties, they are state secrets.
19
What is a top secret, secret, or secret state secret?
Top secret state secrets are the most important state secrets, and their disclosure will cause particularly serious damage to national security and interests. Classified state secrets are important state secrets, and their disclosure will cause serious damage to national security and interests; Secret-level state secrets are ordinary state secrets, and their disclosure will cause damage to national security and interests.
20
Who defines the specific scope of state secrets and their classification levels?
It is to be provided for by the state department for the administration of secrecy alone or in conjunction with relevant central state organs.
21
Who defines the scope of military secrecy?
The scope of confidential military matters shall be prescribed by the Central Military Commission.
22
What principles should be followed in determining the scope of confidential matters?
The principles of necessity and reasonableness shall be followed, scientifically demonstrated and assessed, and promptly adjusted according to changes in the situation. Provisions on the scope of confidential matters shall be published within the relevant scope.
23
Who is responsible for classifying secrets in an organ or unit?
The principal responsible persons of organs and units and their designated personnel.
24
Who is responsible for the work of identifying, altering, and removing state secrets of organs and units?
The person responsible for classifying secrets of that organ or unit.
25
How should the determination, alteration, and removal of state secrets of that organ or unit be carried out?
The undertaker shall submit specific opinions, which shall be reviewed and approved by the person responsible for classifying secrets.
26
How is the authority of the central state organs, provincial-level organs, and their authorized organs and units to classify secrets regulated?
Top secret, secret, and secret state secrets can be determined.
27
How is the authority to classify secrets of organs at the level of cities divided into districts and their authorized organs and units stipulated?
Organs at the districted-city level and their authorized organs and units may designate state secrets at the level of secrecy and secrecy.
28
Under special circumstances, how to handle the classification of secrets that cannot be authorized in accordance with the above provisions?
The state department for the administration and management of secrecy or the provincial, autonomous region, or directly governed municipality department for the administration of secrecy may grant organs or units the authority to classify secrets.
29
How should lower-level organs or units handle the classified matters that belong to higher-level organs or units if they believe that the relevant classified matters arising from their own organs or units belong to the higher-level organs or units?
Confidentiality measures shall be employed in advance, and immediately reported to the organ or unit at a higher level for confirmation; Where there is no higher-level organ or unit, it shall be immediately submitted to the competent department for operations or the department for the administration and management of secrecy that has the corresponding authority to classify secrets.
30
How is the authority of the public security organs and state security organs to classify secrets regulated?
Public security organs and state security organs are to determine the classification of state secrets within the scope of their work in accordance with the scope of their authority.
31
How should the level of secrecy that organs and units need to derive and classify secrets should be determined?
It shall be determined on the basis of the level of secrecy of the state secret matter to be carried out or handled.
32
What are the provisions for organs and units to determine the classification of state secret matters that arise?
The level of secrecy shall be determined in accordance with the relevant provisions of the State laws and regulations on secrecy, and in accordance with the provisions on the scope of secrecy matters, and the period of secrecy and the scope of knowledge shall be determined at the same time; If conditions permit, secret points may be marked.
33
How is the period of secrecy for state secrets regulated?
Unless otherwise specified, the top secret level shall not exceed 30 years, the secret level shall not exceed 20 years, and the secret level shall not exceed 10 years.
34
How is the period of secrecy of state secrets determined?
Based on the nature and characteristics of the matter, and in accordance with the needs of preserving national security and interests, it shall be limited to the necessary period of time; Where the time limit cannot be determined, the conditions for declassification shall be determined.
35
How to determine the time and conditions for declassification of state secrets?
Organs and units shall, as needed for work, determine the specific period for secrecy, the time for declassification, or the conditions for declassification.
Where an organ or unit decides to disclose a matter that needs to be kept confidential in the course of deciding on and handling relevant matters in the course of making and handling relevant matters, it shall be deemed to be declassified when it is officially announced.
36
How to determine the scope of knowledge of state secrets?
It should be limited to a minimum according to the needs of the work. Where it can be limited to specific personnel, it is limited to specific personnel; Where it cannot be limited to specific personnel, it is limited to organs or units, and that organ or unit is to limit it to specific personnel.
37
Who should approve the knowledge of persons outside the scope of knowledge who need to know state secrets for their work?
It shall be approved by the principal responsible person for the organ or unit or the person designated by it. Where the organ or unit that originally classified secrets has clear provisions on expanding the scope of knowledge of state secrets, it shall comply with those provisions.
38
What are the rules for the marking of carriers of state secrets?
Organs and units shall mark state secrets on carriers such as paper, optical, and electromagnetic media that carry state secrets, as well as equipment and products that are state secrets. Electronic documents involving state secrets shall be marked as state secrets in accordance with relevant state provisions.
39
Can carriers that are not state secrets be marked as state secrets?
State secret signs must not be made.
40
Who decides on the change in the classification level, secrecy period, and scope of knowledge of state secrets?
The decision is to be made by the organ or unit that originally classified the secrets, and may also be decided by the organ at the level above.
41
When there is a change in the classification level, secrecy period, and scope of knowledge of state secrets, what scope of personnel should be notified of the knowledge?
Organs, units, or individuals within the scope of knowledge shall be promptly notified in writing.
42
How often should state secrets be reviewed and identified?
Organs and units shall annually review the state secrets they have identified.
43
Under what circumstances can state secrets be declassified?
If the confidentiality period has expired, it shall be declassified by itself. Where it is no longer a state secret during the secrecy period due to adjustments in the scope of secrecy matters, or where it will not harm national security or interests after disclosure, and it is not necessary to continue secrecy, it shall be promptly declassified.
44
For state secrets that need to be kept secret, when should the classification level, secrecy period, and scope of knowledge be redetermined?
The level of secrecy, the period of secrecy, and the scope of knowledge shall be re-determined before the original secrecy period expires.
45
Who should make the decision to declassify or extend the secrecy period in advance?
The decision is to be made by the organ or unit that originally classified the secrets, and may also be decided by the organ at the level above.
46
If it is unclear or disputed whether an organ or unit is a state secret or what level of secrecy it belongs to, who should determine it?
It is to be determined by the state department for the administration of secrecy or the provincial, autonomous region, or directly governed municipality department for the administration of secrecy in accordance with the state secrecy provisions.
47
What are the key links involved in the management of state secret carriers?
The production, sending, receiving, transmitting, using, reproducing, preserving, maintaining, and destroying carriers of state secrets shall comply with state secrecy provisions.
48
How should top-secret state secret carriers be managed?
It shall be stored in facilities and equipment that meet national secrecy standards, and designated personnel shall be designated for management; Without the approval of the organ or unit that originally classified the secrets, or the organ at a higher level, it must not be copied or copied; Persons shall be designated to be responsible for sending, receiving, transmitting, and carrying them out, and necessary security measures shall be taken.
49
How should equipment and products that are state secrets be managed?
The development, production, transportation, use, preservation, maintenance, and destruction of equipment and products that are state secrets shall comply with state secrecy provisions.
50
What are the prohibitions of the Secrecy Law on the carriers of state secrets?
No organization or individual may engage in the following conduct:
(1) Illegally obtaining or possessing carriers of state secrets;
(2) Buying, selling, transferring, or privately destroying state secret carriers;
(3) Transmitting carriers of state secrets through channels without confidentiality measures, such as ordinary postal services or express delivery;
(4) Sending or consigning state secret carriers out of the country;
(5) Carrying or transmitting carriers of state secrets out of the country without the approval of the relevant competent departments;
(6) Other conduct that violates provisions on the secrecy of state secret carriers.
51
What are the secrecy provisions in the Secrecy Law regarding the reproduction, recording, and storage of state secrets?
It is forbidden to illegally copy, record, or store state secrets.
52
What are the provisions for the transmission of state secrets on the Internet and other public information networks, or in wired and wireless communications?
It is prohibited to transmit state secrets on the Internet and other public information networks, or in wired and wireless communications, without employing effective secrecy measures in accordance with state secrecy regulations and standards.
53
What are the confidentiality provisions in private dealings and correspondence?
It is forbidden to involve state secrets in private contacts and correspondence.
54
What are the hierarchical protections for computer information systems that store and process state secrets (hereinafter referred to as "classified information systems")?
Degree of confidentiality.
55
How does the Secrecy Law stipulate the construction and management of secret-related information systems?
Planning, construction, operation, and maintenance shall be carried out in accordance with state secrecy regulations and standards, and secrecy facilities and equipment shall be provided. Secret-guarding facilities and equipment shall be planned, constructed, and operated simultaneously with the secret-related information system.
56
How does the Secrecy Law stipulate the use of classified information systems?
In accordance with the regulations, it can be put into use only after passing the inspection, and risk assessment shall be carried out on a regular basis.
57
How should organs and units strengthen the management of the confidentiality of information systems and information equipment?
Establish confidentiality self-supervision facilities, and promptly discover and deal with security and confidentiality risks and hidden dangers.
58
What are the prohibitions of the Secrecy Law on the secrecy management of information systems and information equipment?
(1) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards, and connecting information systems or equipment related to secrets to the Internet and other public information networks;
(2) Failing to employ effective secrecy measures in accordance with state secrecy regulations and standards to conduct information exchanges between information systems and equipment related to secrets, and the Internet and other public information networks;
(3) Using non-classified information systems or non-classified information equipment to store or process state secrets;
(4) Uninstalling or modifying security technical procedures and management procedures for information systems involving secrets without authorization;
(5) Donating, selling, discarding, or reusing classified information equipment that has not been processed by security technology for other purposes;
(6) Other conduct that violates the confidentiality provisions of information systems and information equipment.
59
What is the responsibility for the testing of security and confidential products and confidential technical equipment?
The State shall establish a system for random inspection and re-inspection of security and confidentiality products and security technical equipment, and the testing shall be conducted by institutions established or authorized by the State department for the administration and management of state secrets.
60
What does the Secrets Law stipulate on the production and dissemination of newspapers and periodicals, books, audio-visual products, electronic publications, etc.?
State secrecy provisions shall be observed in the editing, publishing, printing, and distribution of newspapers and periodicals, books, audio-visual products, and electronic publications, the production and broadcast of radio programs, television programs, and films, and the production, reproduction, publication, and dissemination of online information.
61
How does the Confidentiality Law stipulate the confidentiality management of information posted by users of network operators?
Network operators shall strengthen the management of information published by their users, and cooperate with the supervision organs, departments for the administration of secrecy, public security organs, and state security organs in conducting investigations and handling of cases of suspected leaks of state secrets; Where it is discovered that information published through the use of the internet or other public information networks is suspected of leaking state secrets, the transmission of that information shall be immediately stopped, relevant records shall be stored, and a report shall be made to the departments for the administration of secrecy, public security organs, or state security organs; Information involving the leakage of state secrets shall be deleted at the request of the departments for the administration of secrecy or the public security organs or state security organs, and the relevant equipment shall be technically disposed of.
62
How does the Confidentiality Law provide for information disclosure?
A confidentiality review shall be conducted in accordance with law for the information to be disclosed, and state secrecy provisions shall be observed. It not only ensures the security of state secrets, but also facilitates the rational use of information resources. Matters that laws and administrative regulations provide for disclosure shall be disclosed in accordance with law.
63
What does the Secrecy Law say about the processing of data involving state secrets?
The departments for the administration and management of state secrets and the departments for the administration and management of provincial, autonomous region, or directly governed municipality departments for the administration of state secrets, together with the relevant competent departments, are to establish mechanisms for the prevention and control of security and confidentiality, employing security and confidentiality prevention and control measures to prevent the risk of leaking secrets caused by data aggregation and association.
Organs and units shall lawfully strengthen security management of data that is a matter of state secrets after aggregation or association.
It is prohibited to transmit state secrets on the Internet and other public information networks, or in wired and wireless communications, without employing effective secrecy measures in accordance with state secrecy regulations and standards. It is forbidden to use non-classified information systems or non-classified information equipment to store or process state secrets. Computer information systems that store and handle state secrets are to be protected at different levels in accordance with the degree of secrecy. Information systems involving secrets shall, in accordance with regulations, be put into use only after passing inspections, and conduct regular risk assessments.
64
What are the confidentiality rules for holding a confidential meeting or event?
The organizer shall adopt confidentiality measures, conduct confidentiality education for the participants, and put forward specific confidentiality requirements.
65
How to determine the key departments of confidentiality?
Organs and units shall designate institutions that involve state secrets at the top secret level or a relatively large number of state secrets at the level of secret or secret as departments that are critical to secrecy.
66
How to determine the key parts of confidentiality?
Special sites for the centralized production, storage, and custody of state secret carriers shall be designated as key areas for secrecy, and necessary technical protection facilities and equipment shall be equipped and used in accordance with state secrecy regulations and standards.
67
How should the management of secrecy be strengthened in places and parts such as military restricted zones and military administrative zones?
Military restricted zones, military administrative zones, and other places and locations that are state secrets and are not open to the public shall employ secrecy measures, and without the approval of the relevant departments, they must not arbitrarily decide to open to the outside world or expand the scope of opening up.
The area around military installations and other important units involved in secrets shall strengthen the management of secrecy in accordance with state secrecy provisions.
68
What are the confidentiality requirements for enterprises and institutions engaged in secret-related business?
Enterprises and public institutions engaged in business involving state secrets shall have the corresponding capacity for secrecy management and abide by state secrecy provisions.
69
Which enterprises and institutions need to obtain confidentiality qualifications?
Enterprises and public institutions engaged in the production, reproduction, maintenance, and destruction of state secret carriers, the integration of classified information systems, the scientific research and production of weapons and equipment, or the construction of military facilities involving secrets.
70
How does the Secrecy Law stipulate the procurement and construction of state secrets?
Organs and units that procure goods and services involving state secrets, and units that directly involve the construction, design, construction, and supervision of state secrets, shall abide by the provisions on state secrecy.
71
How should government organs and units entrust enterprises and public institutions to engage in secret-related business?
A confidentiality agreement shall be signed with them, confidentiality requirements shall be made, and confidentiality measures shall be taken.
72
How many categories are there for those involved in secrets?
According to the degree of secrecy, they are divided into core secret-related personnel, important secret-related personnel, and general secret-related personnel.
73
What are the requirements of the Secrecy Law for the identification of persons involved in secrets?
Personnel involved with secrets shall have good political quality and conduct, have undergone education and training in secret-guarding, have the ability to work and have the knowledge and skills to be competent for secret-related positions, sign a confidentiality pledge, strictly abide by state secret-guarding regulations, and bear the responsibility for confidentiality.
74
How does the Secrecy Law stipulate the treatment and compensation of personnel involved in secrets?
The lawful rights and interests of personnel involved in secrets are protected by law. Personnel involved in secrets whose lawful rights and interests are affected or restricted due to confidentiality reasons are to be given corresponding treatment or compensation in accordance with relevant state provisions.
75
What are the provisions of the State Secrets Law on the management of personnel involved with secrets by organs and units?
Organs and units shall establish and complete a management system for personnel involved with secrets, clarify the rights, job responsibilities, and requirements of personnel involved with secrets, and carry out regular supervision and inspection of personnel involved with secrets in their performance of their duties.
Personnel involved with secrets shall abide by state secrecy provisions when they leave their posts and leave their posts. Organs and units shall carry out education and reminders on secrecy, clear the carriers of state secrets, and implement management of the declassification period. Where personnel involved with secrets seriously violate state secrecy regulations during the period of leaving their posts and leaving their posts or during the period of declassification, the organs or units shall promptly report to the department for the administration and management of secrecy at the same level, and the department for the administration of secrecy shall, in conjunction with the relevant departments, take measures to deal with it in accordance with law.
76
What are the provisions of the Secrecy Law on the approval of personnel involved in secrets to leave the country?
The exit of personnel involved with secrets shall be subject to the approval of the relevant departments, and the relevant organs shall not approve the exit of personnel involved with secrets if they believe that the exit of personnel involved with secrets will cause harm to national security or major losses to national interests.
77
What state secrecy regulations should personnel involved with secrets comply with during the declassification period?
During the period of declassification, personnel involved with secrets shall not be employed or leave the country in violation of regulations, and shall not divulge state secrets in any way; After the end of the declassification period, they shall abide by the provisions on state secrecy and continue to perform their confidentiality obligations with respect to the state secrets they know.
78
How should organs and units deal with personnel involved in secrets who seriously violate the provisions on state secrecy when they leave their posts and leave their posts and during the period of declassification?
It shall be promptly reported to the department for the administration of secrecy at the same level, and the department for the administration of secrecy shall work with the relevant departments to employ measures to address it in accordance with law.
79
What should state functionaries or other citizens do when they discover that state secrets have been leaked or are likely to be leaked?
Remedial measures shall be taken immediately and promptly reported to the relevant organs and units. After receiving the report, the organ or unit shall immediately handle it and promptly report it to the department for the administration of secrecy.
80
What is the basis for the formulation of state secrecy regulations and secrecy standards?
In accordance with the provisions of laws and administrative regulations, the departments for the administration and management of state secrecy are to formulate secrecy rules and state secrecy standards.
81
What are the functions of the secrecy administration department?
In accordance with the provisions of laws and administrative regulations, the departments for the administration and management of state secrecy are to formulate secrecy rules and state secrecy standards. Organize and carry out publicity and education on secrecy, secrecy inspections, secrecy technical protection, and investigation and handling of cases of secrecy violations in accordance with law, and conduct guidance, supervision, and management of secrecy work.
82
How should the departments for the administration of secrecy handle matters when they discover that state secrets were improperly identified, altered, or removed?
The relevant organs and units shall be promptly notified to make corrections.
83
How to deal with the illegal and criminal acts of confidentiality of government agencies and units when they are discovered?
where confidentiality violations are suspected, they shall promptly investigate and handle it, or organize and urge relevant organs or units to investigate and handle it; where a crime is suspected, it shall be transferred to the supervision organs or judicial organs for handling in accordance with law.
84
How should the departments for the administration and management of secrecy deal with personnel involved in secrets who seriously violate state secrecy regulations?
It is recommended that the relevant organs and units transfer them from their secret-related posts.
85
What methods and means can be adopted by the departments for the administration and management of secrecy in secrecy inspections and case investigations?
Relevant materials, personnel may be questioned, records may be made in accordance with law, and relevant facilities, equipment, documents, and materials may be registered and stored in advance; When necessary, confidential technical testing may be conducted.
86
How should the departments for the administration and management of secrecy deal with problems discovered during secrecy inspections and case investigations?
Carriers of state secrets that are illegally obtained or possessed during secrecy inspections or case investigation and handling shall be confiscated; Where it is discovered that there is a hidden danger of leaking state secrets, it shall be required to take measures to make corrections within a set period of time; Facilities, equipment, and venues that have the potential risk of leaking state secrets shall be ordered to stop using.
87
Which department will determine the level of secrecy in handling cases suspected of leaking state secrets?
It is to be appraised by the state department for the administration of secrecy or by the provincial, autonomous region, or directly governed municipality department for the administration of secrecy.
88
How shall organs and units deal with the administrative departments for secrecy if they do not give sanctions to persons who violate state secrecy regulations in accordance with law?
Corrections should be recommended; Where corrections are refused, request that the organ at the level above or the supervision organ have the leaders and directly responsible personnel responsible for that organ or unit to be dealt with in accordance with law.
89
At which level does the secrecy administration department need to establish a secrecy risk assessment mechanism, a monitoring and early warning system, and an emergency response system?
Departments for the administration and management of secrecy at or above the districted city level.
90
How should industry organizations such as confidentiality associations carry out their activities?
Carry out activities in accordance with the provisions of laws and administrative regulations, promote industry self-discipline, and promote the healthy development of the industry.
91
What violations of the Secrets Law should be punished in accordance with law based on the severity of the circumstances; If there are illegal gains, confiscate the illegal gains?
In any of the following circumstances, sanctions are to be given in accordance with law based on the severity of the circumstances; where there are unlawful gains, the unlawful gains shall be confiscated:
(1) Illegally obtaining or possessing carriers of state secrets;
(2) Buying, selling, transferring, or privately destroying carriers of state secrets;
(3) Transmitting state secret carriers through channels without confidentiality measures, such as ordinary postal services or express delivery;
(4) Sending or consigning state secret carriers out of the country, or carrying or transmitting state secret carriers out of the country without the approval of the relevant competent departments;
(5) Illegally copying, recording, or storing state secrets;
(6) Involving state secrets in private contacts and correspondence;
(7) Failing to employ effective secrecy measures in accordance with state secrecy provisions and standards, and transmitting state secrets on the Internet and other public information networks, or in wired and wireless communications;
(8) Failing to employ effective secrecy measures in accordance with state secrecy regulations and standards, and connecting information systems or equipment involving secrets to the Internet or other public information networks;
(9) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards, and conducting information exchanges between information systems and equipment related to secrets, and the Internet and other public information networks;
(10) Using non-classified information systems or non-classified information equipment to store or process state secrets;
(11) Uninstalling or modifying the security technical procedures or management procedures of information systems involving secrets without authorization;
(12) Donating, selling, discarding, or reusing classified information equipment that has not been processed by security technology for other purposes;
(13) Other situations violating the provisions of the Secrets Law.
Where the circumstances in the preceding paragraph do not constitute a crime and sanctions are not applicable, the departments for the administration of secrecy are to urge the organ or unit to which they belong to handle them.
92
How to deal with cases in which organs or units violate the provisions of the Secrets Law and major cases of leaking state secrets occur?
Directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. For persons who do not apply sanctions, the departments for the administration of secrecy are to urge their competent departments to handle them.
93
What circumstances are given to organs and units in violation of the provisions on secrecy and secrecy to be punished in accordance with law?
Where organs or units violate the provisions of the Secrets Law by failing to classify matters that should be classified as secrets, classifying matters that should not be classified, or failing to perform their responsibility for declassification review, causing serious consequences, the directly responsible managers and other directly responsible personnel shall be given sanctions in accordance with law.
94
What are the penalties for network operators who violate Article 34 of the Secrets Law?
The public security organs, state security organs, telecommunications departments, and departments for the administration of secrecy are to give punishments in accordance with law in accordance with their respective duties and division of labor.
95
How should enterprises and public institutions that have obtained confidentiality qualifications be punished for violating state secrecy regulations?
The department for the administration of secrecy is to order rectification within a set period of time, and give a warning or circulate a notice of criticism; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are serious, suspend secret-related operations and lower the qualification level; where the circumstances are especially serious, secrecy qualifications are revoked.
96
How should enterprises and public institutions that have not obtained confidentiality qualifications be punished for engaging in secret-related business in violation of Article 41, Paragraph 2 of the Secrets Law?
The department for the administration of secrecy shall order the cessation of operations involving secrets, and give warnings or circulate criticism; where there are unlawful gains, the unlawful gains are to be confiscated.
97
What are the behaviors of the staff of the secrecy administration department that should be punished in the performance of their secrecy management duties?
Those who abuse their authority, derelict their duties, or twist the law for personal gain in the performance of their confidentiality management duties are to be given sanctions in accordance with law.
98
How should a violation of the provisions of the Secrets Law constitute a crime?
Criminal responsibility is pursued in accordance with the law.
99
Who formulated the specific regulations for the Chinese People's Liberation Army and the Chinese People's Armed Police Force to carry out secrecy work?
It was formulated by the Central Military Commission in accordance with the Law on Secrecy.
100
What is the basis for organs and units to take protective measures against matters that are not state secrets or are obtained in the course of performing their functions, but will cause a certain adverse impact if they are leaked?
Relevant provisions on the management of work secrets.
Source: "Theoretical and Cultural Branch of China Secrecy Association" WeChat public account
Review: Wang Chudie