On January 17, 2014, the State Council issued the 'Implementation Regulations of the Law of the People's Republic of China on Conservation of State Secrets' (hereinafter referred to as the 'Regulations'), which took effect on March 1, 2014. The Regulations have played an important role in promoting confidentiality management according to law, conserving state secrets, and safeguarding national security and interests.

In recent years, profound changes have taken place in the international and domestic situation, and confidentiality work is facing new challenges and tasks. To adapt to these changes, the newly revised 'Law of the People's Republic of China on Conservation of State Secrets' (hereinafter referred to as the 'Confidentiality Law') has further improved the confidentiality management system and institutions. To thoroughly implement the Party Central Committee's decisions and plans on confidentiality work, refine the relevant provisions of the Confidentiality Law and clarify specific implementation measures, it is necessary to revise the Regulations. On June 26, 2024, the State Council executive meeting reviewed and approved the 'Regulations (Draft Revision)'. On July 10, 2024, Premier Li Qiang signed the State Council decree, officially promulgated the revised Regulations, which took effect on September 1, 2024.

I.Key Contents of the Regulations Revision

1.Adhering to and Strengthening Party Leadership over Confidentiality Work

The revision of the Regulations added a special provision on Party leadership in confidentiality work, further emphasizing adherence to and strengthening of the leadership of the Communist Party of China over confidentiality work, improving the Party-led confidentiality work mechanism and system, and clarifying the specific responsibilities of the central confidentiality work leadership body and confidentiality work leadership bodies at all local levels. This provides institutional guarantees for implementing Party and state confidentiality work strategies and major policies and measures, and better leveraging the political and organizational advantages of Party leadership in confidentiality work.

2.Classification Management

The Regulations further refined and improved the classification management system:

First, clarifying the requirements for formulating and revising the State Secrets Catalog. The State Secrets Catalog lists state secret matters, classification levels, confidentiality periods, scope of knowledge, and classification basis in a clear and intuitive manner. The Regulations stipulate that organs and units with classification authority shall formulate the State Secrets Catalog based on the confidentiality matters scope of their respective industries, fields, and related industries and fields, ensuring the precision and scientific nature of classification work from the source.

Second, further refining the scope and specific responsibilities of classification responsibility persons. The Regulations stipulate that the principal leaders of organs and units are the statutory classification responsibility persons of their respective organs and units, and may designate personnel within a certain scope as designated classification responsibility persons as needed. At the same time, the specific responsibilities of classification responsibility persons have been further improved. Third, clarifying the specific circumstances under which derived classification shall be conducted. Derived classification is an important classification method. The Regulations enumerate the specific circumstances under which derived classification shall be conducted, providing more scientific and detailed guidance for organs and units on derived classification, which is conducive to standardizing derived classification behavior and effectively avoiding the problem of excessive and overly broad derived classification.

3.Strengthening Confidentiality Science and Technology Innovation and Protection

The Regulations make the following provisions regarding strengthening confidentiality science and technology innovation and protection:

First, valuing confidentiality science and technology innovation. Encouraging and supporting confidentiality science and technology research and application, and awarding commendations and rewards to organizations and individuals that have achieved major results or remarkable achievements in confidentiality science and technology research and development.

Second, focusing on confidentiality management of information equipment and information systems. Clarifying that organs and units shall strengthen the operation, maintenance, and use management of information systems and information equipment, regularly conduct risk assessments of classified information systems, and ensure the security and reliability of information equipment used in classified information systems.

Third, refining management requirements for security confidentiality products and confidentiality technical equipment. Clarifying the obligations of research and production units, encouraging innovation through new technologies, methods, and processes; for non-compliance with state confidentiality regulations and standards found in spot checks and retests, corresponding disposal measures are clarified, effectively promoting continuous improvement in the quality of security confidentiality products and confidentiality technical equipment.

4.Network Information and Data Confidentiality Management

The Regulations further standardize network information and data confidentiality management:

First, strengthening confidentiality management of network usage, stipulating that staff members of organs and units shall not, in violation of relevant regulations, use non-classified information systems or equipment to store, process, or transmit state secrets, and the use of smart terminal products and other items shall comply with state confidentiality regulations.

Second, clarifying the cooperation obligations of network operators in confidentiality illegal case investigations and early warning event investigations. Third, improving the data confidentiality management system, strengthening the main responsibility of organs and units for classified data security protection, clarifying the full-process management requirements for classified data, effectively preventing leakage risks under big data conditions, and solidly building a confidentiality defense line.

5.Classified Personnel Management

The Regulations summarize the practical experience in classified personnel management over the years and further refine the classified personnel management requirements:

First, establishing a 'full-cycle' management system for classified personnel, with detailed provisions on confidentiality reviews and periodic re-reviews before classified personnel take up positions, confidentiality management and confidentiality education and training during their tenure, and procedures and requirements for departure and resignation, as well as management during the declassification period.

Second, refining the provisions on rights protection for classified personnel, requiring organs and units to establish and improve the rights protection system for classified personnel, and provide corresponding treatment or compensation in accordance with state regulations for persons whose legitimate rights and interests are affected or restricted due to fulfilling confidentiality obligations.

II.Typical Leakage Cases

Below are several typical leakage cases officially published by the National Secrets Administration, so that everyone can more intuitively understand the relevant contents of the Confidentiality Law and the Regulations.

Case 1: Buying, Selling, Transferring, or Privately Destroying State Secret Carriers

[Case Overview]

In May 2018, He Mou, a newly hired employee at a certain public institution, was assigned to work in the secretarial department. Due to being new to the job and unfamiliar with the work situation and relevant laws and regulations, he failed to follow the management regulations for the destruction of classified documents, giving three confidential-level compilation books to the cleaning staff for disposal. The cleaning staff sold the books as waste to a mobile waste collection station. The staff of the confidentiality administrative department discovered this in time and conducted a confiscation and disposal. Afterwards, the relevant department gave He Mou a major demerit disciplinary action.

[Case Analysis]

State secret carriers belong to the state and must be distributed or equipped according to relevant state regulations. No organization or individual may擅自买卖、转让或处理这些载体，以确保国家秘密的安全和完整性。各机关和单位应严格遵循国家的规章和标准，对国家秘密载体进行妥善处置，确保在不再需要时彻底消除其泄露风险。同时，任何组织或个人不得私自进行销毁，以维护国家安全和利益，保障国家秘密的有效保密。

Case 2: Transmitting State Secret Carriers through Regular Mail, Courier, or Other Channels without Confidentiality Measures

[Case Overview]

In May 2006, Yuan Mou, a soon-to-retire technical staff member at a certain defense-related unit, received a call from a friend asking him to help provide some military product manufacturing standards for reference. The enthusiastic Yuan, without going through any procedures, copied three copies of the relevant materials from a colleague and mailed them by regular post. Upon identification, these materials were classified as confidential-level state secrets. Yuan received an administrative demerit from the unit, was disqualified from re-employment, and was fined.

[Case Analysis]

Regular postal, courier, and logistics channels generally lack the necessary security and confidentiality safeguards. Transmitting classified carriers through these channels may lead to loss of control over classified information management and can easily cause leakage incidents. Therefore, such actions must be strictly prohibited to ensure the security of state secrets and sensitive information.

Case 3: Mailing or Shipping State Secret Carriers Out of the Country, or Carrying or Transmitting State Secret Carriers Out of the Country without Approval from the Relevant Competent Authorities

[Case Overview]

During entry-exit inspection, a certain customs office discovered that Gao Mou, from a certain classified unit, had a secret-level document in his briefcase prepared for carrying out of the country. Upon investigation, Gao was a staff member assigned by the unit to participate in an overseas aid project inspection. Due to work needs, he intended to carry the document out of the country, but did not go through the permit and relevant procedures according to state regulations. After the incident, the relevant department gave Gao an administrative demerit and conducted serious criticism and education.

[Case Analysis]

To ensure the security and compliance of classified information and prevent the risk of information leakage, when transmitting classified carriers abroad, relevant state regulations must be followed. All destinations reachable by diplomatic couriers shall be handled by diplomatic couriers. If the destination cannot be reached by diplomatic couriers, or if personal carrying is indeed required due to work needs, an application for the corresponding approval shall be submitted to the competent confidentiality administrative department or institution with approval authority.

Case 4:Involving State Secrets in Private Communication

[Case Overview]

In October 2017, Lu Mou, the section chief of a certain government agency's business department, borrowed a confidential-level document from the unit's confidentiality officer Zhang Mou for his own study and research. During his study, Lu discovered that some ideas and perspectives in the document might also be helpful for his wife's work. Thinking that 'learning for reference is not direct use, so it should be fine,' he secretly photographed part of the document with his phone and sent it to his wife Zhang Mou via WeChat. Zhang did not forward it to a third person. After the incident, the relevant department gave Lu a Party warning and administrative demerit, and transferred him from his original position; Lu's supervising leader Han received a Party warning.

[Case Analysis]

Involving state secrets in private communication will lead to improper expansion of the scope of knowledge, thereby causing the risk of information loss of control. This may not only leak sensitive information to people who should not know it but may also seriously affect national security. Therefore, discussing or transmitting any classified information in private settings must be strictly prohibited. Relevant personnel shall follow confidentiality regulations, enhance vigilance, and ensure the security and integrity of state secrets.

Conclusion

The Confidentiality Law and the Regulations constitute an important legal framework for protecting state secrets in China. They clarify the scope, classification, and management requirements of state secrets, emphasize the importance and necessity of confidentiality work, and specify relevant responsibilities and penalty measures. At the same time, the Regulations refine the specific operational procedures for confidentiality work, including the collection, storage, transmission, and destruction of information, ensuring that state secrets are effectively protected at all levels. Together, these laws and regulations establish a systematic confidentiality management system, aiming to maintain national security and social stability and prevent the leakage of state secrets.