Chapter 3 Confidentiality System
Article 21 The production, reception, transmission, use, copying, storage, repair and destruction of the state secret carrier shall comply with the national confidentiality regulations.
top-secret state secret carriers shall be kept in facilities and equipment that meet the national confidentiality standard and shall be designated to manage them; they shall not be copied or excerpted without the approval of the original confidentiality agency, unit or its superior authority; the designated personnel shall be responsible for sending, receiving, transmitting, and carrying out, and taking necessary safety measures.
Article 22 The development, production, production, transportation, use, storage, maintenance and destruction of equipment and products that are state secrets shall comply with the national confidentiality regulations.
Article 23 The computer information system that stores and handles state secrets (hereinafter referred to as confidential information system ) implements hierarchical protection according to the degree of confidentiality.
Confidential information system shall be equipped with confidentiality facilities and equipment in accordance with national confidentiality standards. Confidential facilities and equipment should be planned, constructed and operated simultaneously with confidential information systems.
Confidential information system shall be put into use only after passing the inspection.
Article 24 Organizations and units shall strengthen the management of confidential information systems. No organization or individual shall engage in the following behaviors:
(I) Connect confidential computers and confidential storage devices to the Internet and other public information networks;
(II) Exchange information between the confidential information system and the Internet and other public information networks without taking protective measures;
(III) Use non-confidential computers and non-confidential storage devices to store and process state secret information;
(IV) Uninstall and modify the security technical programs and management programs of confidential information systems without the use;
(V) Giving, selling, discarding or changing confidential computers and confidential storage devices that have been removed from use without security technology.
Article 25 Organizations and units shall strengthen the management of state secret carriers, and no organization or individual shall engage in the following behaviors:
(I) Illegal acquisition and holding state secret carriers;
(II) Buying, selling, forwarding or privately destroying state secret carriers;
(III) Passing and transmitting state secret carriers without confidentiality measures such as ordinary postal and express delivery;
(IV) Carrying and transmitting state secret carriers out of the country without the approval of the relevant competent authorities.
Article 26 Illegal copying, recording, and storing state secrets are prohibited.
prohibits the transmission of state secrets in the Internet and other public information networks or wired and wireless communications where confidentiality measures are not taken.
prohibits involvement of state secrets in private interactions and communications.
Article 27 The editing, publishing, printing and distribution of newspapers, books, audio-visual products, and electronic publications, the production and playback of radio programs, television programs, and movies, and the editing and publishing of public information networks such as the Internet and mobile communication networks and other media shall comply with relevant confidentiality regulations.
Article 28: Internet and other public information network operators and service providers shall cooperate with public security organs, state security organs, and procuratorates to investigate leaked cases; if information released using the Internet and other public information networks involves the leakage of state secrets, they shall immediately stop transmission, keep relevant records, and report to the public security organs, state security organs or confidential administrative departments; information involving the leakage of state secrets shall be deleted according to the requirements of the public security organs, state security organs or confidential administrative departments.
Article 29 When organs and units publicly publish information and purchase projects, goods and services involving state secrets, they shall abide by confidentiality regulations.
Article 30 If an agency or unit needs to provide state secret matters in its foreign exchanges and cooperation, or if an overseas person appointed or hired needs to know state secrets due to work, it shall submit it to the relevant competent departments of the State Council or the relevant competent departments of the people's government of provinces, autonomous regions, or municipalities directly under the Central Government for approval, and sign an confidentiality agreement with the other party .
Article 31 If a meeting or other event involves state secrets, the organizer shall take confidentiality measures, educate the participants on confidentiality, and put forward specific confidentiality requirements.
Article 32 Organizations and units shall identify institutions involving top-secret or more confidential and secret-level state secrets as key departments of confidentiality, and identify special places for centralized production, storage and storage of state secret carriers as key areas of confidentiality, and equip and use necessary technical protection facilities and equipment in accordance with national confidentiality regulations and standards.
Article 33 Military forbidden zones and other places and parts that are state secrets that are not open to the outside world shall take confidential measures. Without the approval of the relevant departments, no decision shall be made to open to the outside world or expand the scope of opening up without authorization.
Article 34 Enterprises and institutions engaged in the production, copying, repairing, and destroying of state secret carriers, integration of confidential information systems, or the scientific research and production of weapons and equipment, etc., involving state secret business shall undergo confidentiality review, and the specific measures shall be stipulated by the State Council.
Organs and units entrust enterprises and institutions to engage in the business specified in the preceding paragraph, and shall sign a confidentiality agreement with them, put forward confidentiality requirements, and take confidentiality measures.
Article 35 Personnel working in confidential positions (hereinafter referred to as confidential personnel) shall be divided into core confidential personnel, important confidential personnel and general confidential personnel according to the degree of confidentiality, and classified management shall be implemented.
Appointment and employment of confidential personnel shall be reviewed in accordance with relevant regulations.
Confidential personnel should have good political qualities and character, and have the ability to be competent for the work required for confidential positions.
The legitimate rights and interests of confidential personnel are protected by law.
Article 36: Confidential personnel should undergo confidentiality education and training, master confidentiality knowledge and skills, sign confidentiality commitment letters, strictly abide by confidentiality rules and regulations, and not disclose state secrets in any way.
Article 37: The exit of confidential personnel shall be approved by the relevant departments. If the relevant authorities believe that the exit of confidential personnel will cause harm to national security or cause significant losses to national interests, they shall not approve the departure of the country.
Article 38: The decryption period management of confidential personnel leaves their posts and leaves is implemented. During the decryption period, confidential personnel shall fulfill their confidentiality obligations in in accordance with regulations, and shall not find employment in violation of regulations, and shall not disclose state secrets in any way.
Article 39 Organizations and units shall establish and improve the management system for confidential personnel, clarify the rights, job responsibilities and requirements of confidential personnel, and carry out regular supervision and inspection of the performance of duties of confidential personnel.
Article 40 When state staff or other citizens find that state secrets have been leaked or may be leaked, they shall immediately take remedial measures and promptly report them to the relevant authorities and units. After receiving the report, the agency and unit shall make immediate processing and report to the confidentiality administrative department in a timely manner.
Chapter 4 Supervision and Administration
Article 41 The state confidentiality administrative department shall formulate confidentiality rules and national confidentiality standards in accordance with the provisions of laws and administrative regulations.
Article 42 The confidentiality administrative department organizes confidentiality publicity and education, confidentiality inspection, confidentiality technical protection and investigation and handling of leak cases in accordance with the law, and guides and supervises the confidentiality work of the agencies and units.
Article 43 If the confidentiality administrative department finds that state secrets are determined, changed or terminated improperly, it shall promptly notify the relevant authorities and units to correct them.
Article 44 The confidentiality administrative department shall inspect the compliance of the confidentiality system by the authorities and units, and the relevant authorities and units shall cooperate.If the confidentiality administrative department finds that there are hidden dangers of leaking secrets by the agency or unit, it shall require it to take measures and make rectification within a time limit; if the facilities, equipment and places with hidden dangers of leaks are ordered to stop use; for confidential personnel who seriously violate the confidentiality regulations, it shall advise the relevant authorities and units to be punished and transferred from the confidential position; if it is found that the suspected leakage of state secrets, it shall urge and guide the relevant authorities and units to investigate and deal with it. Those suspected of committing crimes shall be transferred to judicial authorities for handling.
Article 45 The confidentiality administrative department shall confiscate the state secret carriers illegally obtained and held during the confidentiality inspection.
Article 46 If an agency handling a case of suspected leakage of state secrets needs to appraise whether the relevant matters are state secrets and what level of confidentiality they belong to, the appraisal shall be made by the state confidentiality administrative department or the confidentiality administrative department of the province, autonomous region, or municipality directly under the Central Government. Article 47 If an agency or unit fails to impose punishment on persons who violate confidentiality regulations in accordance with the law, the confidentiality administrative department shall recommend corrections. If the refusal to correct the violation, the leadership and directly responsible persons of the higher-level agency or the supervisory agency of the higher-level agency or the supervisory agency of the agency or unit shall be requested to deal with the leadership and directly responsible persons in accordance with the law.
Chapter 5 Legal Liability
Article 48 If any of the following acts violates the provisions of this Law, the punishment shall be imposed according to law; if a crime constitutes a crime, criminal liability shall be pursued in accordance with law:
(I) Illegal acquisition and possession of state secret carriers;
(II) Buying, selling, forwarding or privately destroying state secret carriers;
(I) Passing state secret carriers through channels such as ordinary postal and express delivery without confidentiality measures
(IV) mailing 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 authorities;
(V) Illegal copying, recording, and storing state secrets;
(V) Illegal copying, recording, and storing state secrets;
(V) involving state secrets in private interactions and communications;
(7) Transmit state secrets in the Internet and other public information networks or wired and wireless communications without confidentiality measures;
(8) Connect confidential computers and confidential storage devices to the Internet and other public information networks;
(9) Exchange information between the confidential information system and the Internet and other public information networks without protective measures;
(10) Use non-confidential computers and non-confidential storage devices to store and process state secret information;
(11) Uninstall and modify the security technical programs and management programs of confidential information systems without authorization;
(12) Giving, selling, discarding or changing confidential computers and confidential storage devices that have been removed from use without security technology for other purposes.
Persons whose acts in the preceding paragraph do not constitute a crime and whose punishment is not subject to punishment shall be subject to the confidentiality administrative department urges their agencies and units to deal with it.
Article 49 If an agency or unit violates the provisions of this Law and causes major leaks, the relevant agency or unit shall impose sanctions on the directly responsible supervisors and other directly responsible persons in accordance with the law; if the persons whose punishment is not subject to the punishment, the confidentiality administrative department shall urge its competent department to deal with it. If an agency or unit violates the provisions of this Law and does not determine the confidentiality of matters that should be determined by , or determine the confidentiality of matters that should not be determined by , causing serious consequences, the relevant agency or unit shall impose sanctions on the directly responsible supervisors and other directly responsible persons in accordance with the law.
Article 50 If the Internet and other public information network operators and service providers violate the provisions of Article 28 of this Law, the public security organs or the state security organs and the information industry competent departments shall impose penalties in accordance with the law in accordance with their respective division of responsibilities.
Article 51 If staff of confidentiality administrative management department abuse their power, neglect their duties, or commit favoritism and fraud in performing confidentiality management duties, they shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Chapter 6 Supplementary Provisions
Article 52 The Central Military Commission formulates Regulations on Confidentiality of the People's Liberation Army of China in accordance with this Law.
Article 53 This Law shall come into force on October 1, 2010. [1]
Article content comes from 360 Encyclopedia
