(Adopted at the 3rd Meeting of the Standing Committee of the 7th National People's Congress on September 5, 1988; First Amendment adopted at the 14th Meeting of the Standing Committee of the 11th National People's Congress on April 29, 2010; Second Amendment adopted at the 8th Meeting of the Standing Committee of the 14th National People's Congress on February 27, 2024) Contents Chapter 1 General Provisions Chapter 2 Scope and Classification of State Secrets Chapter 3 Confidentiality System Chapter 4 Supervision and Management Chapter 5 Legal Liabilities Chapter 6 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law is formulated in accordance with the Constitution to protect state secrets, safeguard national security and interests, and ensure the smooth progress of reform, opening up, and socialist modernization. Article 2 State secrets are matters relating to national security and interests, determined through legally established procedures, and only known to a limited number of people within a certain period of time. Article 3 The leadership of the Communist Party of China over state secrets (hereinafter referred to as confidentiality) work is upheld. The central leading body for confidentiality work leads the national confidentiality work, studies and formulates, and guides the implementation of national confidentiality strategies and major policies, coordinates major national confidentiality matters and important work, and promotes the construction of the national confidentiality legal system. Article 4 Confidentiality work adheres to the overall national security outlook and follows the principles of Party management of confidentiality, management in accordance with the law, active prevention, emphasis on key areas, equal emphasis on technical and management measures, and innovation-driven development, ensuring both national secrets security and the convenient rational use of information resources. Matters legally stipulated to be public shall be disclosed in accordance with the law. Article 5 State secrets are protected by law. All state organs and armed forces, various political parties and people's organizations, enterprises, institutions and other social organizations, and citizens have the duty to maintain confidentiality. Any act that endangers the security of state secrets must be subject to legal investigation. Article 6 The state confidentiality administrative management department is in charge of national confidentiality work. The confidentiality administrative management departments at all levels of local governments above the county level are responsible for confidentiality work within their respective administrative regions. Article 7 State organs and units that handle state secrets (hereinafter referred to as organs and units) are in charge of the confidentiality work within their respective organs and units. Central state organs manage or guide the confidentiality work in their systems within their jurisdiction. Article 8 Organs and units shall implement a confidentiality work responsibility system, establish confidentiality work institutions or designate specific personnel in charge of confidentiality work according to law, improve confidentiality management systems, improve confidentiality protection measures, carry out confidentiality publicity and education, and strengthen confidentiality supervision and inspection. Article 9 The state adopts various forms to strengthen confidentiality publicity and education, incorporates confidentiality education into the national education system and civil servant education and training system, encourages mass media to carry out confidentiality publicity and education to the public, popularizes confidentiality knowledge, promotes the rule of law on confidentiality, and enhances the awareness of confidentiality in the whole society. Article 10 The state encourages and supports research and application of confidentiality science and technology, improves independent innovation capabilities, and protects intellectual property rights in the field of confidentiality according to law. Article 11 People's governments at or above the county level shall incorporate confidentiality work into their national economic and social development plans, and the required funds shall be included in their budgets. The funds needed for organs and units to conduct confidentiality work shall be included in the annual budget or annual income and expenditure plan of their respective organs and units. Article 12 The state strengthens the training and team building of confidentiality personnel, and improves relevant incentive and guarantee mechanisms. Organizations and individuals who have made outstanding contributions to the work of keeping and protecting state secrets shall be commended and awarded in accordance with relevant national regulations. Chapter 2 Scope and Classification of State Secrets Article 13 The following matters involving national security and interests, the disclosure of which may harm national security and interests in the political, economic, national defense, and diplomatic fields, shall be determined as state secrets: (1) Secret matters in major national decision-making; (2) Secret matters in national defense construction and armed forces activities; (3) Secret matters in diplomatic and foreign affairs activities, and secret matters with confidentiality obligations undertaken externally; (4) Secret matters in national economic and social development; (5) Secret matters in science and technology; (6) Secret matters in activities to maintain national security and investigate criminal offenses; (7) Other secret matters determined by the state confidentiality administrative management department. Secret matters of political parties that meet the provisions of the preceding paragraph shall be state secrets. Article 14 State secrets are classified into three levels: top secret, secret, and confidential. Top-secret state secrets are the most important state secrets; their disclosure will cause particularly serious damage to national security and interests; secret state secrets are important state secrets; their disclosure will cause serious damage to national security and interests; confidential state secrets are general state secrets; their disclosure will cause damage to national security and interests. Article 15 The specific scope of state secrets and their classifications (hereinafter referred to as the scope of confidential matters) shall be stipulated by the state confidentiality administrative management department alone or in conjunction with relevant central state organs. The scope of confidential matters in the military shall be stipulated by the Central Military Commission. The determination of the scope of confidential matters shall follow the principles of necessity and rationality, shall be scientifically demonstrated and evaluated, and shall be adjusted in a timely manner according to changes in circumstances. The stipulations on the scope of confidential matters shall be announced within relevant areas. Article 16 The main person in charge of organs and units and the persons designated by them are the persons responsible for classification, and are responsible for the work of determining, changing, and declassifying state secrets in their respective organs and units. The determination, change, and declassification of state secrets by organs and units shall be subject to the proposal of specific opinions by the person in charge, and shall be approved by the person responsible for classification after review. Article 17 The classification of state secrets shall comply with the classification authority. Central state organs, provincial-level organs and their authorized organs and units may determine top-secret, secret, and confidential state secrets; city-level organs and their authorized organs and units may determine secret and confidential state secrets; in special circumstances where it is impossible to authorize classification according to the above provisions, the state confidentiality administrative management department or the provincial, autonomous region, or municipal confidentiality administrative management department may grant classification authority to organs and units. The specific classification authority and authorization scope shall be stipulated by the state confidentiality administrative management department. Lower-level organs and units that believe that the classification matters generated by their organs and units fall under the classification authority of higher-level organs and units shall first take confidentiality measures and immediately report to the higher-level organs and units for determination; if there are no higher-level organs and units, they shall immediately request the determination of the relevant competent business department or confidentiality administrative management department with corresponding classification authority. Public security organs and state security organs shall determine the classification of state secrets within their working scope in accordance with the prescribed authority. Article 18 When organs and units implement state secrets determined by higher authorities or handle state secrets determined by other organs and units, they need to generate classification; the classification shall be determined according to the classification level of the state secrets implemented or handled. Article 19 Organs and units shall determine the classification of state secrets generated by them in accordance with the provisions of the scope of confidential matters, and at the same time determine the confidentiality period and scope of knowledge; if conditions permit, they can mark confidential points. Article 20 The confidentiality period of state secrets shall be limited to the necessary period according to the nature and characteristics of the matter, according to the needs of maintaining national security and interests; if the period cannot be determined, the conditions for declassification shall be determined. Unless otherwise stipulated, the confidentiality period of state secrets shall not exceed 30 years for top-secret matters, 20 years for secret matters, and 10 years for confidential matters. Organs and units shall determine the specific confidentiality period, declassification time, or declassification conditions according to work needs. When organs and units formally announce matters determined to require confidentiality during the decision-making and handling of relevant matters that need to be disclosed according to work needs, they are considered declassified. Article 21 The scope of knowledge of state secrets shall be limited to the minimum scope according to work needs. If the scope of knowledge of state secrets can be limited to specific personnel, it shall be limited to specific personnel; if it cannot be limited to specific personnel, it shall be limited to organs and units, and the organs and units shall limit it to specific personnel. Personnel outside the scope of knowledge of state secrets who need to know state secrets due to work needs shall be approved by the main person in charge of the organ or unit or the person designated by them. If the original classifying organ or unit has clear regulations on expanding the scope of knowledge of state secrets, it shall comply with its regulations. Article 22 Organs and units shall make state secret markings on carriers such as paper, optical media, and electromagnetic media that carry state secrets (hereinafter referred to as state secret carriers), as well as equipment and products that are state secrets. Electronic documents involving state secrets shall be marked with state secret markings according to relevant national regulations. Those that are not state secrets shall not be marked with state secret markings. Article 23 The classification, confidentiality period, and scope of knowledge of state secrets shall be changed in a timely manner according to changes in circumstances. Changes to the classification, confidentiality period, and scope of knowledge of state secrets shall be decided by the original classifying organ or unit, or by its superior organ. When the classification, confidentiality period, and scope of knowledge of state secrets are changed, written notice shall be given in a timely manner to the relevant organs, units, or personnel within the scope of knowledge. Article 24 Organs and units shall review the state secrets they have determined annually. State secrets whose confidentiality period has expired shall be declassified automatically. If, within the confidentiality period, state secrets are no longer considered state secrets due to adjustments to the scope of confidential matters, or if they can be disclosed without harming national security and interests, and there is no need to continue maintaining confidentiality, they shall be declassified promptly; if the confidentiality period needs to be extended, the classification, confidentiality period, and scope of knowledge shall be redetermined before the original confidentiality period expires. Premature declassification or extension of the confidentiality period shall be decided by the original classifying organ or unit, or by its superior organ. Article 25 If organs and units are unclear or have disputes about whether matters are state secrets or what classification level they belong to, the state confidentiality administrative management department or the provincial, autonomous region, or municipal confidentiality administrative management department shall determine according to national confidentiality regulations. Chapter 3 Confidentiality System Article 26 The production, receipt, transmission, use, copying, preservation, maintenance, and destruction of state secret carriers shall comply with national confidentiality regulations. Top-secret state secret carriers shall be stored in facilities and equipment that meet national confidentiality standards, and shall be managed by designated personnel; they shall not be copied or excerpted without the approval of the original classifying organ or unit or its superior organ; receipt, transmission, and carrying out shall be handled by designated personnel, and necessary security measures shall be taken. Article 27 The research and development, production, transportation, use, preservation, maintenance, and destruction of equipment and products that are state secrets shall comply with national confidentiality regulations. Article 28 Organs and units shall strengthen the management of state secret carriers. No organization or individual shall engage in the following acts: (1) Illegally acquiring or possessing state secret carriers; (2) Buying, selling, transferring, or privately destroying state secret carriers; (3) Transmitting state secret carriers through channels without confidentiality measures such as ordinary postal service and express delivery; (4) Sending or transporting state secret carriers out of the country; (5) Carrying or transmitting state secret carriers out of the country without the approval of the relevant competent authorities; (6) Other acts that violate the national regulations on the confidentiality of state secret carriers. Article 29 It is prohibited to illegally copy, record, or store state secrets. It is prohibited to transmit state secrets on the Internet and other public information networks or through wired and wireless communications without taking effective confidentiality measures in accordance with national confidentiality regulations and standards. It is prohibited to involve state secrets in private interactions and communications. Article 30 Computer information systems that store and process state secrets (hereinafter referred to as confidential information systems) shall be protected according to classification levels based on their confidentiality level. Confidential information systems shall be planned, constructed, operated, and maintained in accordance with national confidentiality regulations and standards, and shall be equipped with confidentiality facilities and equipment. Confidentiality facilities and equipment shall be planned, constructed, and operated synchronously with confidential information systems. Confidential information systems shall be put into use only after passing inspections and shall undergo regular risk assessments. Article 31 Organs and units shall strengthen the confidentiality management of information systems and information equipment, establish self-monitoring facilities for confidentiality, and promptly discover and deal with security and confidentiality risks and hidden dangers. No organization or individual shall engage in the following acts: (1) Connecting confidential information systems and confidential information equipment to the Internet and other public information networks without taking effective confidentiality measures in accordance with national confidentiality regulations and standards; (2) Exchanging information between confidential information systems, confidential information equipment and the Internet and other public information networks without taking effective confidentiality measures in accordance with national confidentiality regulations and standards; (3) Using non-confidential information systems or non-confidential information equipment to store or process state secrets; (4) Arbitrarily uninstalling or modifying security technical procedures or management procedures of confidential information systems; (5) Donating, selling, discarding, or using as other purposes confidential information equipment that has not undergone security technology processing after being decommissioned; (6) Other acts that violate the confidentiality regulations of information systems and information equipment. Article 32 Security and confidentiality products and confidentiality technical equipment used to protect state secrets shall comply with national confidentiality regulations and standards. A system for spot checking and re-checking security and confidentiality products and confidentiality technical equipment shall be established, and the testing shall be conducted by institutions established or authorized by the state confidentiality administrative management department. Article 33 The editing, publishing, printing, and distribution of newspapers, books, audio-visual products, and electronic publications, and the production and broadcasting of radio programs, television programs, and movies, and the production, copying, publication, and dissemination of network information shall comply with national confidentiality regulations. Article 34 Network operators shall strengthen the management of information published by their users, cooperate with supervisory organs, confidentiality administrative management departments, public security organs, and state security organs in investigating and handling cases suspected of leaking state secrets; if they find that information published on the Internet and other public information networks is suspected of leaking state secrets, they shall immediately stop transmitting the information, preserve relevant records, and report to the confidentiality administrative management department or public security organs and state security organs; they shall delete information involving the leakage of state secrets and conduct technical processing on relevant equipment according to the requirements of the confidentiality administrative management department or public security organs and state security organs. Article 35 Organs and units shall conduct confidentiality reviews of information to be disclosed according to law and comply with national confidentiality regulations. Article 36 Data processing activities involving state secrets and their safety supervision shall comply with national confidentiality regulations. The state confidentiality administrative management department and the provincial, autonomous region, and municipal confidentiality administrative management departments, together with the relevant competent departments, shall establish security and confidentiality prevention and control mechanisms and adopt security and confidentiality prevention and control measures to prevent leakage risks caused by data aggregation and correlation. Organs and units shall strengthen the security management of data that, after aggregation and correlation, become state secret matters. Article 37 When organs and units provide state secrets to foreign countries or organizations and institutions established abroad within China, or when foreign personnel employed or hired need to know state secrets due to work needs, they shall handle the matter in accordance with relevant national regulations. Article 38 If a conference or other activity involves state secrets, the organizing unit shall take confidentiality measures, conduct confidentiality education for participants, and put forward specific confidentiality requirements. Article 39 Organs and units shall determine institutions that handle top-secret or a large number of secret and confidential state secrets as confidentiality key departments, and determine special places where state secret carriers are concentrated for production, storage, and safekeeping as confidentiality key locations, and shall equip and use necessary equipment according to national confidentiality regulations and standards.