Preface

The Law of the People's Republic of China on Guarding State Secrets (hereinafter referred to as the "State Secrets Law") officially took effect on May 1, 1989, and underwent two revisions on April 29, 2010, and February 27, 2024, respectively, becoming an important legal cornerstone for safeguarding national security and interests. With the progress of the times and the development of technology, confidentiality work faces unprecedented challenges. In this context, revising the State Secrets Law is particularly important. The newly revised State Secrets Law will take effect on May 1, 2024. This revision not only improves the definition of state secrets and the classification of secrecy levels but also strengthens the crackdown on violations of the State Secrets Law and increases the legal liability for leaking secrets.

I. Definition of State Secrets

(1) Concept of State Secrets

State secrets are matters that relate to national security and interests, are determined in accordance with legal procedures, and are limited to a certain scope of personnel for a certain period of time. This concept contains three basic elements of state secrets: relating to national security and interests, determined in accordance with legal procedures, and limited scope of knowledge. According to Article 13 of the State Secrets Law, state secrets specifically include the following:

Matters of secrecy in major decisions of state affairs;

Matters of secrecy in national defense construction and armed forces activities;

Matters of secrecy in diplomatic and foreign affairs activities, as well as matters of secrecy undertaken with confidentiality obligations to foreign parties;

Matters of secrecy in national economic and social development;

Matters of secrecy in science and technology;

Matters of secrecy in national security activities and criminal investigations;

Other matters of secrecy determined by the state secrecy administrative management department.

(2) Classification Levels of State Secrets

The classification level of state secrets refers to the levels into which the state divides state secret matters according to the needs of safeguarding national security and interests and in accordance with legal procedures, used to indicate the degree of damage that may be caused to national security and interests after the leakage of state secrets. According to the provisions of the State Secrets Law, the classification levels of state secrets are divided into three levels: absolute secrecy, confidentiality, and secrecy. The three levels are mainly distinguished by the damage caused.

Absolute secrecy-level state secrets are the most important state secrets, and their leakage will cause exceptionally serious damage to national security and interests. Such secrets typically involve the core interests of the nation, such as national defense construction, diplomatic decisions, and major economic policies. Once leaked, they will pose a major threat to national security.

Confidentiality-level state secrets are important state secrets, and their leakage will cause serious damage to national security and interests. Confidentiality-level secrets involve matters that have a significant impact on national security and interests, such as important technological inventions, important military deployments, and important economic construction information.

Secrecy-level state secrets are general state secrets, and their leakage will cause damage to national security and interests. Although secrecy-level secrets are not as significant as absolute secrecy and confidentiality-level secrets, the scope of knowledge also needs to be strictly controlled to avoid being leaked or improperly used.

When determining the classification level of state secrets, the authority and procedures for classification must be followed. Only organs and units with classification authority may determine the classification within the scope of their legal authority. For the state secret matters generated, the classification level shall be determined in accordance with the specific scope of state secrets and their classification levels. At the same time, the confidentiality period and the scope of knowledge shall be determined. When determining the classification level, factors such as the nature of the state secret matter, the scope involved, and the degree of impact on national security and interests shall be comprehensively considered to ensure the accuracy and rationality of the classification level.

(3) Determination, Modification, and Declassification of State Secrets

The determination of state secrets refers to the process of determining matters involving national security and interests as state secrets in accordance with legal provisions and the actual needs of confidentiality work. When determining state secrets, the "minimization" principle shall be followed, which means that matters shall only be determined as state secrets when necessary, and their scope shall be limited to the minimum extent possible. At the same time, when determining state secrets, factors such as the nature of the matter, the scope involved, and the degree of impact on national security and interests shall be fully considered to ensure the accuracy and rationality of the classification level.

The modification of state secrets refers to the process of adjusting already-determined state secrets due to developments in the situation or changes in circumstances. Modifications include the elevation or reduction of classification levels, the extension or shortening of confidentiality periods, and the expansion or reduction of the scope of knowledge. When the degree of damage to national security and interests caused by the leakage of state secret matters has significantly changed, or when the scope of confidentiality matters used as the basis for classification has been adjusted, the state secrets shall be promptly modified.

The declassification of state secrets refers to the process of removing the confidentiality restrictions on matters already determined as state secrets. Declassification can be divided into two situations: automatic declassification and early declassification.

II. Management of State Secrets

(1) Leakage Behaviors Violating the State Secrets Law

According to Article 57 of the Law of the People's Republic of China on Guarding State Secrets, the main types of leakage behaviors violating the State Secrets Law include the following:

Illegally acquiring or holding state secret carriers;

Selling, transferring, or privately destroying state secret carriers;

Transmitting state secret carriers through ordinary postal or courier services without confidentiality measures;

Mailing, shipping, or transporting 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;

Illegally copying, recording, or storing state secrets;

Discussing state secrets in private communications or correspondence;

Transmitting state secrets over the internet or other public information networks, or through wired and wireless communications without taking effective confidentiality measures in accordance with national confidentiality regulations and standards;

Connecting classified information systems or classified information equipment to the internet or other public information networks without taking effective confidentiality measures in accordance with national confidentiality regulations and standards;

Exchanging information between classified information systems or classified information equipment and the internet or other public information networks without taking effective confidentiality measures in accordance with national confidentiality regulations and standards;

Using non-classified information systems or non-classified information equipment to store or process state secrets;

Unilaterally uninstalling or modifying security technical procedures or management procedures for classified information systems;

Gifting, selling, discarding, or repurposing classified information equipment that has not been subjected to safety technical processing.

Related Case:

Be Cautious When Making Friends Online

Mr. Li, a staff member at a classified unit, met an online friend through a mobile dating app. During frequent chats, the relationship between the two gradually warmed up. The other party began introducing his cousin Zhang to Li, saying he was writing a paper on government management and urgently needed relevant materials. Zhang then added Li as a WeChat friend and enticed Li to provide internal documents from his unit as writing materials for the paper under the pretense of a romantic relationship. To help Zhang complete the paper, Li began collecting and providing classified documents from his unit. He provided Zhang with 19 documents, including 6 confidentiality-level documents and 8 secrecy-level documents. Subsequently, Li's actions were discovered by his unit, and the police were immediately called. After investigation, the police discovered that Zhang was actually a member of an overseas intelligence agency, and he used the classified documents provided by Li for intelligence activities.

Attorney Analysis:

According to Article 57, Item 5 of the State Secrets Law, illegally copying, recording, or storing state secrets constitutes a leakage behavior violating the State Secrets Law. Depending on the severity of the circumstances, disciplinary actions shall be given in accordance with the law. In this case, Li believed the "stranger" online, and in violation of the relevant provisions of the State Secrets Law, he privately copied and transmitted state secrets, which were ultimately used by overseas spies to endanger national security. Li should bear the corresponding legal responsibility in accordance with the law.

In daily work and life, some classified personnel, due to a lack of confidentiality awareness and insufficient vigilance in managing state secrets, have been known to privately sell or publicly disclose state secrets from time to time. Once these state secrets are leaked, they will cause immeasurable losses to the country. Therefore, classified personnel in relevant units should "tighten the string of confidentiality" and strictly implement the relevant management systems for state secrets.

Unintentional Leakage in Daily Life of Residents

Mr. Wang is a photography enthusiast who likes to take scenic photos of the city surroundings on weekends. One weekend, he went to a remote mountainous area to shoot. There, he accidentally discovered what appeared to be an ordinary communication base station, but there were some special signs and warning tapes around it. Not noticing the no-photography sign nearby, Mr. Wang took several photos and was preparing to upload these photos to his social media account to share this special shooting experience with friends. However, this communication base station is actually an important military communication facility, and its existence and location are state secrets.

Fortunately, one of Mr. Wang's friends had served in the military and had some knowledge of military facilities. After seeing Mr. Wang's photos, he immediately realized that these photos might involve state secrets, so he promptly reminded Mr. Wang and suggested that he delete these photos. After investigation, the relevant department confirmed that this communication base station is indeed an important military facility, and its related information is a state secret.

Attorney Analysis:

According to the relevant provisions of the Law of the People's Republic of China on Guarding State Secrets, state secrets refer to matters that relate to national security and interests, are determined in accordance with legal procedures, and are limited to a certain scope of personnel for a certain period of time. Any person who intentionally or negligently leaks state secrets in violation of the provisions of this Law, if the circumstances are serious, shall be investigated for criminal responsibility in accordance with the law. At the same time, citizens and organizations shall fulfill the obligation to guard state secrets and shall not illegally acquire, hold, copy, record, store, transmit, sell, provide, or use state secrets.

In this case, Mr. Wang, as a photography enthusiast, photographed the military communication facility involving state secrets without permission, which constitutes illegal acquisition of state secrets. If Mr. Wang ultimately uploaded the photos, he would bear the legal responsibility for illegal leakage of state secrets. Fortunately, Mr. Wang's friend timely identified the state secrets that might be involved in the photos and reminded Mr. Wang to delete the photos, thus avoiding further leakage of state secrets.

Although Mr. Wang's actions ultimately did not result in the leakage of state secrets, due to a lack of necessary confidentiality awareness and legal knowledge, he inadvertently violated the relevant provisions of the State Secrets Law, putting state secrets in danger of being leaked. This case also warns us that in daily life, whether photography enthusiasts or other citizens, everyone should enhance confidentiality awareness, abide by national confidentiality laws and regulations, and maintain high vigilance regarding information and facilities that may involve state secrets. They shall not arbitrarily photograph, disseminate, or leak such matters. At the same time, relevant departments should also strengthen confidentiality publicity and education, improve citizens' confidentiality awareness and ability, and jointly maintain national security and interests.

(2) Management of State Secret Carriers

Management of State Secret Carriers:

Marking and Registration: All carriers involving state secrets, such as documents, materials, charts, data, audio-visual products, etc., must be clearly marked with their classification level and registered in accordance with relevant regulations. This helps ensure accurate identification and effective management of classified carriers.

Storage and Custody: Classified carriers must be stored in places that meet security and confidentiality requirements, such as security cabinets and secure rooms, and be kept under the custody of designated personnel. At the same time, classified carriers should be regularly inspected and inventoried to ensure they are intact and undamaged.

Transmission and Use: The transmission and use of classified carriers must strictly comply with confidentiality regulations. During transmission, measures such as encryption and encapsulation should be taken to prevent information leakage. When in use, ensure that it is conducted in a safe environment and avoid contact with unauthorized personnel.

Destruction and Transfer: For classified carriers that are no longer needed for confidentiality, they must be destroyed or transferred in accordance with prescribed procedures. During destruction, ensure that information cannot be recovered. During transfer, relevant procedures should be completed and the receiving party's confidentiality capability should be ensured.

Management of Classified Information Systems:

System Security: Classified information systems must adopt strict security measures, including physical isolation, logical isolation, access control, data encryption, etc., to ensure the security and confidentiality of the system. At the same time, regular security inspections and assessments of the system should be conducted to promptly discover and eliminate security hazards.

User Management: Users of classified information systems must undergo strict identity verification and security review to ensure that only authorized personnel can access the system. Users shall comply with confidentiality regulations and shall not disclose system information or engage in illegal operations.

Data Protection: Data and files in classified information systems must be encrypted, and corresponding access permissions should be set. At the same time, data backup and recovery mechanisms should be established to prevent data loss or damage.

Related Case:

Civil Servant Using Personal USB Drive and WeChat to Transmit Data Leads to State Secret Leakage

Li, a civil servant in the general office of a municipal government, due to work needs, often had to process large amounts of government documents and data. For convenience of carrying, he often stored files and data on his personal USB drive. Moreover, for the convenience of work, Li often photographed files and transmitted them through WeChat. To even avoid "non-compliant operations," Li would cover the red headings and classification marks of classified documents before photographing them, and then send them through WeChat.

Eventually, Li discovered that when discussing work with others on WeChat, he accidentally sent some documents and data involving state secrets to a WeChat group. Although he immediately deleted this information, some of it had already been saved by other group members and widely spread on the internet. This incident attracted great attention from the relevant departments. After investigation, it was confirmed that Li's actions had seriously violated the national confidentiality regulations and led to the leakage of state secrets.

Attorney Analysis:

According to Article 57 of the State Secrets Law, no organization or individual may use non-classified information systems, non-classified information equipment to store or process state secrets, and may not transmit state secrets over the internet or other public information networks, or through wired and wireless communications. In this case, Li, for his own convenience, violated the relevant confidentiality regulations by using non-classified information equipment (USB drive, mobile phone) to store state secrets, and due to negligence, uploaded state secrets to WeChat, a public network space. His actions violated the provisions of the State Secrets Law and should bear the corresponding legal responsibility in accordance with the law.

In daily work, some staff of classified units, for the convenience of work, are accustomed to photographing files and transmitting them through WeChat. However, during this process, file content may easily be leaked. Especially for files containing classified content, it is difficult to effectively control the scope of knowledge, making leakage very likely. Although such leakage is mostly unintentional, whether intentional or negligent, publishing, transmitting, or processing classified documents and materials over the network will pose serious risks or harm to national security and interests. The basic quality of confidentiality is being cautious, and the basic requirement of caution is being tight-lipped. Regarding classified matters, one must be extremely careful, avoid discussing state secrets or internally sensitive matters in private communications, strictly regulate one's words and conduct, and develop good confidentiality habits.

Illegal Espionage Equipment Installed by Foreign Personnel in the Sea Cucumber Farming Circle

Mr. Zhang, a sea cucumber farmer in Dalian, Liaoning, reported to the national security authorities that two months ago, his farm was visited by a few "uninvited guests." Huang led several foreign nationals, under the pretext of "free installation of seawater quality monitoring equipment," to install marine hydrological monitoring equipment and air-sea surveillance recording equipment at Mr. Zhang's sea cucumber farm.

Thereafter, Mr. Zhang gradually discovered that the data from the hydrological monitoring equipment was continuously transmitted to overseas, and much of the data had nothing to do with sea cucumber farming. Those air-sea surveillance recording equipment were even more meaningless for sea cucumber farming. Mr. Zhang felt the situation was suspicious and called 12339 to report to the national security authorities. Upon identification, the monitoring equipment illegally installed by the foreign personnel in China's maritime area involved observation ranges covering China's aerial military operation zones, which could perform real-time monitoring of important sensitive data such as tidal and current conditions in China's non-open sea areas, posing a serious threat to China's maritime rights and military security.

Based on the report, the Liaoning Province national security authorities took compulsory measures against Huang and several foreign nationals in accordance with the law and confiscated the monitoring equipment. Huang and others truthfully confessed to the criminal facts of illegally stealing China's marine hydrological data and air-sea military imagery.

Attorney Analysis:

According to the State Secrets Law and related laws and regulations, no individual or organization may illegally acquire, hold, or transmit state secrets, nor participate in activities endangering national security. In this case, Huang led foreign nationals, under the pretext of "free installation of seawater quality monitoring equipment," to conduct illegal espionage activities in China's maritime area. They installed marine hydrological monitoring equipment and air-sea surveillance recording equipment at Mr. Zhang's sea cucumber farm and illegally transmitted observation data overseas. This behavior not only violated China's maritime rights but also posed a serious threat to China's military security.

This case once again reminds us that national security is no small matter. Any seemingly ordinary behavior, such as installing monitoring equipment, may become a hidden danger endangering national security. Citizens should enhance their awareness of national security, remain vigilant about any suspicious behavior, and promptly report to the national security authorities to jointly maintain national security and stability.

Conclusion

Guarding state secrets is the obligation of every citizen. Through the interpretation of the State Secrets Law, we deeply recognize the importance and urgency of managing state secrets. In the context of informatization and networking, the management of state secret carriers and classified information systems faces unprecedented challenges. In daily life, residents can contribute to protecting state secrets in the following ways:

1. Enhance confidentiality awareness, always remain vigilant, and do not participate in or support any activities that may leak state secrets.

2. Do not discuss or disseminate information involving national security on social media, forums, or chat groups. Avoid storing, transmitting, or sharing files or data that may involve state secrets on the internet.

3. Avoid using unsecured Wi-Fi networks in public places to handle sensitive information.

4. Strengthen social responsibility and legal awareness. Abide by national laws and regulations, and do not participate in illegal acquisition or dissemination of state secrets.

5. If you need to access classified materials due to work requirements, strictly abide by confidentiality regulations, and do not privately keep, copy, or disseminate them. After using classified materials, they should be destroyed or returned in accordance with relevant regulations.