Will China's revised State Secrets Law add risks for foreign businesses?
Geotechnopolit
Honestly, the international response to the revised State Secrets Law caught me off guard.
I've always felt that the recent national security laws in China have been blown out of proportion, especially when it comes to foreign businesses there. We've seen this with the National Intelligence Law in 2017, the revised Anti-Epionage Law in 2023, and the latest tweaks to the revised State Secrets Law.
To me, this wave of legislation shows China's growing focus on the shifting geopolitical scene. They're eyeing development chances but are also increasingly alert to, at least in their view, the rising threats from abroad.
April 15, 2014, was a big deal for China's approach to national security lawmaking. The top leader of China laid out the "Comprehensive National Security Concept" at the CCP Central National Security Commission's kickoff meeting, pointing out the "big shifts in our national security landscape" (“新时代国家安全形势发生重大变化”) and the need to deal with "all that pressure and meddling from outside." (“来自外部的各种围堵、打压、捣乱、颠覆活动”) That kicked off a whole bunch of new laws aimed at tightening up national security.
For those always connecting China's national security laws to how it treats foreign companies, here are a couple of things to consider:
First, every nation has the legitimate right to tweak and refine its laws, especially those about national security. Honestly, it's way better to have clear laws for these issues than vague policies that can change on a whim.
And here's the other thing: China only started shaping up its national security laws in the late 1980s, kicking off with the "State Secrets Law" in 1988. It took a while before anything major happened again, with a big gap of about 11 years without important new laws in the field. For a long time, China's lawmaking was almost all about civil and commercial laws, but since 2014, it's been doubling down on national security. One shouldn’t be too surprised that there are more amendments and improvements to many of China's national security laws.
The 1988 State Secrets Law was revised in 2010. Now, 14 years have already passed, and the world as well as the national security risks landscape also changed a lot. It is very normal that maybe the Chinese government thought it’s time for the law to evolve over time. In fact, if you dive into the text of the revised State Secrets Law and stack it up against the 2010 version, you'll see most tweaks are really about keeping up with the tech-savvy world, syncing up with new rules, or just making the text clearer, but not about upping the ante for folks doing business in China.
China's national security laws largely fulfil the country's security needs, yet gaps exist. Legislation is urgently needed in areas like biology, electromagnetism, space, and overseas operations. Some areas suffer from low regulatory levels or depend too much on non-legislative measures, impacting their effectiveness and adaptability. Addressing these gaps requires a comprehensive approach by legislative and security bodies, ensuring laws undergo constitutional review. Continuous innovation and improvement are necessary to navigate immediate risks and secure long-term stability.
—— People's Daily（2018）
The discussion around the revised State Secrets Law, especially about "work secrets," has sparked a lot of buzz. Some folks reckon it's stretching the law's reach, but here are my takes:
Managing "work secrets" smartly is necessary. One can hardly deny that there are infos that, while not officially classified, still needs to be kept under wraps because it's sensitive. The U.S. is no stranger to this idea, having something called "Controlled Unclassified Information (CUI)" for ages. It's about keeping certain bits of infos limited to folks who really need to know, without the tight leash of classified stuff.
The revised State Secrets Law also clarifies that it doesn't cover "work secrets", and there will be specific guidelines for managing "work secrets", primarily applicable to "government agencies and related entities" (机关和单位）. This approach aims to safeguard sensitive infos within government circles without extending its scope to the general public or businesses, ensuring critical internal infos remains secure.
For those digging into "work secrets," it turns out this concept was already baked into China's "Civil Servant Law" of 2005.
Article 12: ......Civil servants shall fulfil the following obligations: ......(6) Keep state secrets and work secrets confidential......
Article 53: ......Civil servants must observe discipline and shall not engage in the following behaviours: ......(10) Disclose state secrets or work secrets......
The 2023 revision of the Anti-Espionage Law also included new clauses about "work secrets". It specifically aimed to address the responsibilities of "national security agencies and their staff".
Article 11 of the revised Anti-Espionage Law: National security agencies and their staff must act strictly within the law, not overstep or abuse their authority, and not infringe on the legal rights of individuals and organizations. Information about individuals and organizations obtained by national security staff while performing anti-espionage duties must only be used for anti-espionage purposes. Information classified as state secrets, work secrets, commercial secrets, personal privacy, and personal information must be kept confidential.
Article 69 of the revised Anti-Espionage Law: National security personnel who abuse power, neglect duties, engage in corruption, illegally detain, torture for confessions, violently obtain evidence, or leak state secrets, work secrets, commercial secrets, and personal privacy or information will face disciplinary actions. If these actions constitute a crime, criminal responsibilities will be pursued according to the law.
Rather than targeting foreign businesses, the concept of "work secrets" in the revised State Secrets Law primarily applies to government staff right from the start.
Article 64 of the 2024 revised State Secrets Law: government agencies（机关） and related entities(单位）must take necessary protective measures for information generated or acquired in the process of performing functions that, while not classified as state secrets, could have adverse effects if leaked. Specific management methods for these "work secrets" will be established separately, ensuring such sensitive, non-classified information is adequately safeguarded.
But undoubtedly, the introduction of "work secrets" indeed created a more ambiguous area. This has inevitably raised many concerns in today's China, particularly after so many unfortunate things happened, like China's investigation of foreign consulting companies.
However, discussing matters objectively and based on facts, I tend to believe the current wording of "work secrets" in the revision is more about employing a legislative technique than giving the government more power. In China's legislative traddition, the people's congress inclines to use more general wording to make the law flexible for future changes. Since the exact guidelines for "work secrets" are still to be made, making it too detailed in the State Secrets Law could unnecessarily limit future regulations. It's about keeping the law broad enough to adapt over time without boxing in future decisions.
But this approach has indeed led to significant misunderstandings, especially among outside observers not familiar with China's legal system, who often see it as the government wanting more unchecked power. These misunderstandings stem not just from the differences in the legal system and traditions between the West and China, but also from deep-seated ideological views, like the sharp contrast often drawn between authoritarian and democratic regimes.
In essence, the revision focuses on the legal responsibility of government staff to safeguard state secrets rather than restricting foreign businesses. Another notable example is the revision mandates that government staff privy to such secrets cannot travel abroad until the declassification period（脱密期）expires, and they must persist in protecting these secrets even afterwards. According to China's National Administration of State Secrets Protection, the declassification period refers to a designated time during which government personnel, after leaving a sensitive position, face certain restrictions. This period's length is usually determined based on the level of classification and the nature of the sensitivity related to the position.
Article 38 of the State Secrets Law of 2010: secrets-related personnel shall be subject to a classification separation management period when they leave their posts. During the classification separation period, secrets-related personnel must not be employed in violation of provisions, and must not leak state secrets by any means.
Article 46 of the 2024 revised State Secrets Law: during the classification separation period, secrets-related personnel must not be employed or leave the mainland in violation of provisions, and must not leak state secrets by any means; and after the declassification period concludes, they shall obey state secrecy provisions and continue to fulfil secrecy obligations for the state secrets that they know.
In addition, unlike many views that describe the revision as an attempt to expand the authority of Chinese security agencies, I find it more that China hopes to refine and make more precise the efforts of secrecy work within the Chinese government.
For instance, the revision added the requirement that when identifying what constitutes a state secret, the process should not be overly generalized but instead be "necessary and reasonable," undergo "scientific and demonstrative assessments," and the scope of state secrets that can be disclosed within a controlled range should be clarified. Additionally, it encourages precise marking of "secret points" within documents. This approach prevents situations where a single sentence within a document being classified as a state secret necessitates treating the entire document as such.
Article 15 of the State Secrets Law of 2010: Provisions on the scope of secrecy shall be disclosed within a relevant range and be adjusted in a timely manner based on changing circumstances.
Article 15 of the 2024 revised State Secrets Law: The determination of scopes of secrecy shall follow the principles of necessity and reasonableness and scientific debate and assessment, and be adjusted in a timely manner based on changing circumstances. Provisions on the scope of secrecy shall be disclosed within a relevant range.
Article 18 of the State Secrets Law of 2010: The state secrecy items produced by organs and units shall have their secrecy level designated in accordance with provisions on the scope of secrecy, and concurrently determine the duration and scope of the secrecy.
Article 19 of the 2024 revised State Secrets Law: The state secrecy items produced by organs and units shall have their secrecy level designated in accordance with provisions on the scope of secrecy, and concurrently determine the duration and scope of the secrecy; and those with capacity may label key areas.
Certainly, it should be acknowledged that the foreign business community's concerns are valid and may well need to be considered by the Chinese government when formulating subsequent regulations on "work secrets".
Firstly, it's crucial to avoid expanding the scope of "work secrets" too broadly and to define their boundaries clearly. Businesses may worry that the Chinese government's emphasis on "work secrets" could make it more difficult to engage with the government and obtain information through normal channels, making China's policy environment more mysterious and opaque.
Secondly, the regulations on "work secrets" should focus on restricting government officials who handle this infos, to prevent arbitrarily expanding the legal obligations in safrguarding "work secrets" to ordinary citizens and businesses. Notably, last year's revision to the Anti-Espionage Law included "work secrets," and required businesses and individuals to maintain the confidentiality of anti-espionage "work secrets" they know. Bringing in similar rules for "work secrets" that could impose a disproportionate legal burden on individuals and businesses might indeed spark a lot of worry.
Article 23 of the Anti-Espionage Law of 2014: Any citizen or organization shall keep the state secrets related to the anti-espionage work they know.
Article 8 of the 2024 revised State Secrets Law: Any citizen or organization shall support and assist the anti-espionage work in accordance with the law, and keep the state secrets and the anti-espionage work secrets they know.
Another concern raised by the revision is the enhanced investigative powers granted to security agencies: during investigations, these agencies can now review materials, inquiry personnel, record audio, and preserve documents, devices, and facilities. However, this is not entirely new. The 2014 administrative regulations of the State Council, "Regulations for the Implementation of the State Secrets Law," had already established these investigative powers. The revision merely incorporates these already existing authorities into a law adopted by the National People's Congress.
Article 33 of the 2014 "Regulations on the Implementation of the State Secrets Law": During the process of security inspection, the security administrative management department may review relevant materials, question personnel, and record the situation; relevant facilities, equipment, documents and materials, etc. can be registered and preserved in advance in accordance with the law, and necessary security technical testing can be carried out.
Article 49 of the the 2024 revised State Secrets Law: The secrets administration departments are to organize and carry out publicity and education on secrecy, secrecy inspections, technical secrecy protections, and efforts to investigate and handle secrecy violations in accordance with law, and provide guidance, oversight, and management of secrecy work.
Some official interpretations from the Chinese government ：
https://mp.weixin.qq.com/s/I7nXCY_9T_5pa_M4BbLkrQ
The head of the National Administration of State Secrets Protection answers questions about the "Law of the People’s Republic of China on Guarding State Secrets."
Xinhua News Agency, Beijing, February 28th: The "Law of the People’s Republic of China on Guarding State Secrets" (referred to as the State Secrets Law) was revised and passed by the eighth session of the 14th National People's Congress Standing Committee on February 27, 2024. President Xi Jinping signed Presidential Decree No. 20 of the People's Republic of China to announce it, and it will come into effect on May 1, 2024. Recently, the head of the National Administration of State Secrets Protection answered questions from reporters regarding the State Secrets Law.
Reporter: This is the second revision of the State Secrets Law. Could you please introduce the background and significance of the revision and implementation of the State Secrets Law?
Answer: Secrecy work has always been an important task of the Party and the state. It has played an irreplaceable and crucial role in various historical periods of revolution, construction, and reform in our country. The State Secrets Law is a fundamental and comprehensive law in the field of secrecy in our country. The current State Secrets Law, enacted in 1988 and revised in 2010, has effectively promoted the development of secrecy work and played an important role in guarding state secrets and maintaining national security and interests. In the new era, profound changes have occurred in both international and domestic situations, with rapid advancements in technology. Secrecy work is facing new problems and challenges. In order to better adapt to the new situation and tasks, it is necessary to revise and improve the State Secrets Law.
This revision of the State Secrets Law is guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implements the Party Central Committee's decisions and deployments on secrecy work, and embodies the spirit of General Secretary Xi Jinping's important instructions. It comprehensively implements Xi Jinping's legal thinking, adheres to the concept of overall national security, coordinates development and security, elevates the mature and effective policy measures and practical experience in secrecy work since the 18th National Congress of the Party to the level of a legal system, and provides more powerful legal guarantees for effectively strengthening the national secret security defence line. The revision of the State Secrets Law is a significant achievement in strengthening the construction of the secrecy rule of law, an inevitable requirement for improving the national security system. It holds important and far-reaching significance for promoting the high-quality development of secrecy work and safeguarding national sovereignty, security, and development interests.
Reporter: We noticed that this revision of the State Secrets Law has clearly specified enhancing the Party's leadership over secrecy work from a legal system perspective. In what specific aspects is this reflected?
Answer: Secrecy work is born from the Party, accompanies the Party, and thrives for the Party, always being an important task of the Party and the state. The Party's leadership is the fine tradition of secrecy work and the political principle that must be adhered to in secrecy work. Currently, the situation facing secrecy work is more complex and severe, with unprecedented risks and challenges. It is necessary to firmly uphold the Party's unified leadership over secrecy work. This revision of the State Secrets Law clearly writes the Party's management of secrecy into the law, improves the leadership system of the Party's management of secrecy, specifies that the central secrecy leadership organ leads the national secrecy work, researches, formulates, and guides the implementation of the national secrecy work strategy and major policy guidelines, coordinates national secrecy major issues and important work, promotes the construction of national secrecy rule of law, and is conducive to better leveraging the political advantage and organizational advantage of the Party's management of secrecy.
Reporter: During the process of soliciting opinions on the draft revision of the State Secrets Law, the provisions on classification and declassification have been under close scrutiny. Could you please explain in what aspects this revision has improved the system of classification and declassification?
Answer: Classification is the fundamental work of confidentiality management. Accurate classification is the basis for safeguarding national security, while timely declassification is an objective requirement for the rational utilization of information resources. The newly revised State Secrets Law further improves the classification and declassification system, enhancing the comprehensiveness of the articles and their operability in practice. Regarding the classification system, it clarifies that the determination of classified matters should follow the principles of necessity and reasonableness, undergo scientific demonstration and evaluation, and be adjusted promptly according to changing circumstances. It also improves the system of classified responsibility and authorization, and provides principles for marking classified information, further promoting the accuracy and scientific nature of classification. In terms of the declassification system, the law changes the periodic review of state secrets to an annual review, and specifies the legal responsibility for serious consequences resulting from failure to perform declassification reviews, further reinforcing the primary responsibility of classification authorities and units for declassification reviews.
Reporter: The newly revised State Secrets Law has significantly increased its “technological content”. What are the main considerations behind this?
Answer: Technological self-reliance and strength are the foundation of national prosperity and security. Since the 18th National Congress of the Communist Party of China, the secrecy front has implemented the decisions and deployments of the Party Central Committee, adhered to innovation-driven development, and carried out solid work in various secrecy-related scientific and technological fields, making significant contributions to the establishment of basic control capabilities and the maintenance of the security of Party and state secrets. Currently, a new round of technological revolution is accelerating, with emerging technologies and applications such as big data, cloud computing, and artificial intelligence continuously emerging, posing higher requirements for independent technological development and protection in the field of secrecy. Therefore, the revision of the State Secrets Law attaches great importance to the innovation of secrecy-related science and technology and technological protection.
Firstly, new provisions have been added to support innovation in secrecy-related science and technology. The general provisions of the law have added a clause that clarifies the encouragement and support of the state for secrecy-related scientific and technological research and application, emphasizes the enhancement of independent innovation capabilities, and the protection of intellectual property rights in the field of secrecy according to law, providing legal support for achieving high-level self-reliance and strength in secrecy-related science and technology.
Secondly, the system measures for technological protection in secrecy-related science and technology have been improved. On one hand, it is stipulated that the planning, construction, operation, and maintenance of sensitive information systems should comply with national secrecy regulations and standards, and be equipped with secrecy facilities and equipment. The requirements for regular risk assessments of sensitive information systems are specified, to avoid “running with diseases”. On the other hand, it is stipulated that government agencies and units should strengthen the management of information systems and equipment, establish self-supervision facilities for secrecy, and promptly identify and handle security and secrecy risks.
Thirdly, the management of security and secrecy products and equipment used to protect state secrets is standardized. Security and secrecy products are the cornerstone of secrecy-related technological protection, and secrecy-related technical equipment is a necessary means for conducting secrecy inspections and technical supervision. Both are essential technical support for secrecy work. The State Secrets Law explicitly states that security and secrecy products and equipment used to protect state secrets should comply with national secrecy regulations and standards, and establishes a system for random inspections and re-inspections.
Reporter: The difficulty of managing state secrets has been increasing under the conditions of informatization and digitalization. Could you please explain how the revised State Secrets Law has improved the management of network information and data confidentiality?
Answer: With the rapid development and widespread application of informatization and digitalization, the difficulty of managing state secrets has been increasing, highlighting the importance of safeguarding and managing the confidentiality of network information. The revised State Secrets Law further improves the system for managing the confidentiality of network information. Firstly, it clarifies that every stage of producing, copying, publishing, and disseminating network information should comply with national secrecy regulations. Secondly, it stipulates that network operators should cooperate with relevant departments in investigating and handling cases involving suspected leaks of state secrets. If information published on the Internet or other public information networks is suspected of leaking state secrets, it should be promptly reported and dealt with, including the deletion of information involving the leak of state secrets and the technical treatment of relevant equipment, as required.
In the digital age, data has become a crucial factor of production and a fundamental strategic resource for the country. Data security is closely related to national sovereignty, security, and development interests. The Data Security Law provides systematic regulations on the collection, storage, use, processing, transmission, provision, disclosure, and security supervision of data, and clarifies that the management of sensitive data should comply with secrecy laws and regulations. The revised State Secrets Law strengthens coordination with the Data Security Law, adding principles for managing sensitive data and managing data that becomes sensitive after aggregation and correlation, which may involve state secrets.
Overall, the revised State Secrets Law has further improved the management of network information confidentiality and strengthened coordination with the Data Security Law, addressing the challenges posed by digitization and enhancing the protection of state secrets in the era of information and data.
Reporter:There is a close connection between information disclosure and the protection of state secrets, which has always been widely concerned. How does the revised State Secrets Law handle the relationship between the information disclosure and protection of state secrets?
Answer: Information disclosure and the protection of state secrets are two aspects of the same issue, and they are dialectically unified, both aiming to safeguard the interests of the country and the people. Disclosing what should be disclosed and keeping secret what should be kept secret are both detrimental to the interests of the country and the people. Properly understanding and grasping the relationship between the two is crucial, and it requires maintaining secrecy and openness in accordance with the law, striking a balance between them. The revised State Secrets Law fully considers the relationship between information disclosure and secrecy, further strengthens the precise protection of state secrets, and maximizes the rational utilization of information resources. For example, it stipulates that the formulation of the scope of classified matters should follow the principles of necessity and reasonableness, and requires conducting annual reviews of state secrets, promoting precise classification and timely declassification. At the same time, it adds a specific provision on the review of information disclosure and secrecy, establishing a “safety net” for information disclosure, ensuring resolute protection of secrets that need to be kept and lawful disclosure of information that should be disclosed.
Reporter: Could you please provide some information on the considerations regarding the study and implementation of the State Secrets Law after its promulgation and implementation?
Answer: The revision and improvement of the State Secrets Law provides strong legal guarantees for the effective implementation of secrecy work in the new era. We will focus on the implementation and implementation of the law in the following three aspects.
Firstly, we will organize extensive learning and promotion. The administrative departments of secrecy management at all levels, secrecy work institutions, and secrecy personnel should take the lead in studying the State Secrets Law and continuously improve their ability and level of managing state secrets in accordance with the law. At the same time, we will organize the study, promotion, and training of the law, effectively enhancing the awareness of law-based secrecy management and the ability to fulfill duties for party and government leaders and individuals involved in secrecy work. We will conduct extensive publicity and education on secrecy laws for the general public, creating a good atmosphere for secrecy work in society, guiding the general public to firmly establish the concept that “everyone is responsible for keeping state secrets,” and building a solid foundation of public support for secrecy work.
Secondly, we will comprehensively implement the law. Offices and units should implement the responsibility system for secrecy work, combining the actual work of their own offices and units to promote the implementation and effectiveness of various secrecy laws and regulations. The administrative departments of secrecy management at all levels should serve as models for implementing the State Secrets Law, fully performing their administrative management functions granted by the law, integrating the principles of the rule of law into all fields and aspects of secrecy work, and continuously improving their ability and level of managing state secrets using the rule of law thinking and methods.
Thirdly, we will promptly improve supporting systems. The national administrative departments of secrecy management will coordinate with relevant departments to comprehensively promote the legislative revision, establishment, abolition, and interpretation of secrecy laws and regulations, further enhancing the systematic, comprehensive, and coordinated nature of the legal system for secrecy. We will form a scientifically complete and logically structured legal system for secrecy.
Overall, we will focus on the study, implementation, and improvement of the State Secrets Law, strengthening publicity and education, ensuring comprehensive implementation, and promptly improving supporting systems. These efforts aim to provide a solid legal foundation for the effective implementation of secrecy work in the new era.
Report of the National People’s Congress Constitution and Law Committee on the Revised Draft of the Law of the People’s Republic of China on Guarding State Secrets (Second Deliberation)
The Standing Committee of the National People's Congress (NPCSC):
The Standing Committee meeting reviewed the second draft of the revised State Secrets Law on the morning of February 26th. It was generally believed that the draft revision was relatively mature and it was recommended to be further modified and submitted for voting at this NPCSC meeting. At the same time, some members and attendees of the NPCSC also proposed some amendments and suggestions. The Constitution and Law Committee held a meeting at noon on February 26th to study the review opinions of the members and attendees of the NPCSC and conducted a review of the revised draft. Officials from the Ministry of Justice and the National Administration for the Protection of State Secrets attended the meeting. The Constitution and Law Committee believed that the revised draft was feasible and proposed the following amendments:
First, according to the provisions in Article 24, Paragraph 2 of the revised draft for the second deliberation, if the state secrets require an extension of the confidentiality period, the new confidentiality period should be determined before the original one expires. Some members of the NPCSC suggested that when considering the extension of the confidentiality period, adjustments to the level of confidentiality and the scope of access should also be taken into account. After studying, the National People’s Congress Constitution and Law Committee suggests adopting the above suggestions.
Second, the revised draft for the second deliberation includes fundamental provisions regarding the management of work secrets in the “supplementary provisions”. Some members of the NPCSC proposed that it is necessary to take protective measures for work secrets, but considering that work secrets do not fall under state secrets, separate management measures should be formulated. After studying, the National People’s Congress Constitution and Law Committee suggests adding a provision stating that “separate regulations for the management of work secrets shall be formulated”.
After conducting research with relevant departments, it is recommended to set the implementation date of the revised State Secrets Law May 1, 2024.
In addition, based on the opinions of the members of the NPCSC, some textual modifications were made to the second revised draft of the amendment.
During the deliberations, some members of the NPCSC also raised other opinions, some of which required further elaboration of standards and measures in relevant supporting regulations, while others called for further strengthening of publicity and education in practice. The National People’s Congress Constitution and Law Committee, after studying, suggested that relevant departments should ensure effective implementation after the law is passed.
The revised draft of the amendment has been modified according to the above opinions, and the National People’s Congress Constitution and Law Committee recommends that this session of the NPCSC approve the review.
Please consider whether the revised draft of the amendment and the above report are appropriate.
the National People’s Congress Constitution and Law Committee
February 27, 2024
Report on the Deliberation Results of the National People's Congress Constitution and Law Committee on the Law of the People’s Republic of China on Guarding State Secrets(Draft Amendment).
The Standing Committee of the National People's Congress:
NPCSC conducted its first review of the draft amendment to the State Secrets Law at its sixth meeting. After the meeting, the commission of legislative affairs distributed the revised draft to relevant departments of the central government, provinces (autonomous regions, municipalities directly under the central government), grassroots legislative contact points, higher education institutions, and legal research institutions to solicit opinions. The revised draft was published on the official website of the NPC to seek public opinions. The Constitution and Law Committee and the commission of legislative affairs held seminars to listen to the opinions of NPC deputies, experts, and scholars. They also conducted research in Gansu and Hainan provinces and communicated with the Ministry of Justice and the State Secrecy Bureau on issues related to the amendment. On January 11th, the Constitution and Law Committee held a meeting to review the draft amendment clause by clause based on the opinions of the members of the NPCSC and various parties. Officials from the Ministry of Justice and the State Secrecy Bureau attended the meeting. On February 19th, the Constitution and Law Committee held another meeting to conduct further review. The Constitution and Law Committee believes that it is necessary to revise the State Secrets Law in order to adapt to the new situation and tasks facing secrecy work and to improve the management system and relevant secrecy regulations. The revised draft has been matured after deliberation and modification. At the same time, the following main suggestions for modification are proposed:
The draft revision of Article 15 stipulates the scope of classified matters. Some NPCSC members and local representatives have proposed that the scope of classified matters should be precise and appropriate, in order to prevent excessive and broad classification. After studying, the Constitution and Law Committee suggests adding the provision that "the determination of the scope of classified matters should follow the principles of necessity and reasonability and be based on scientific demonstration and evaluation."
The draft revision of Article 17 stipulates the authority for classification. Some local representatives, experts, and the public have proposed that classification should be divided into original classification and derivative classification, and that different authorities should be specified for each. After studying, the Constitution and Law Committee recommends adopting the above suggestions.
Amendment 18 of the Draft Revision has made provisions on the determination of state secrets. Some departments, localities, and the public have proposed that marking sensitive points is an effective form of meticulous management of confidentiality work. The National Administration of State Secrets Protection is actively promoting this system and suggests adding relevant content to the law. After studying, the Constitution and Law Committee recommends adding a provision stating that "conditional marking of sensitive points is allowed".
Article 42 of the Draft Revision stipulates that the legitimate rights and interests of personnel involved in classified information are protected by law. Some localities, National People's Congress representatives, and the public have proposed that the protection of the rights and interests of personnel involved in classified information should be further specified to reflect the principle of unity of responsibility and rights. After studying, the Constitution and Law Committee suggests adding a provision in accordance with the relevant central documents, stating that "personnel involved in classified information whose legitimate rights and interests are affected and restricted due to confidentiality reasons shall be given corresponding treatment or compensation in accordance with relevant state regulations".
The revised draft proposes that the management of confidential personnel leaving their positions should include a period of confidentiality. Some departments, localities, and the public have suggested further improving the management measures for the departure of confidential personnel. After studying, the Constitution and Law Committee recommends adding the provision that "confidential personnel should abide by national confidentiality regulations when leaving their positions. Agencies and units should carry out confidentiality education reminders and remove confidential carriers."
The revised draft includes provisions on work secrets in the "supplementary provisions". Some committee members, departments, localities, National People's Congress deputies, and experts have suggested that although work secrets are not state secrets, they are widely present in practice and should be regulated and strengthened. After studying, the Constitution and Law Committee recommends modifying the relevant article as follows: "Agencies and units shall take necessary protective measures in accordance with the relevant provisions on work secret management for matters that are not state secrets but may cause certain adverse effects if leaked during the performance of their functions."
In addition, some textual modifications have been made to the revised draft.
On January 24th, the commission of legislative affairs held a meeting, inviting National People's Congress delegates, experts, scholars, and enterprises to assess the feasibility of the main regulatory norms in the revised draft, the timing of the law's promulgation, the social effects of its implementation, and possible problems. Participants generally believe that the revised draft implements General Secretary Xi Jinping's important instructions on strengthening secrecy legislation and institutional construction, implements the overall national security concept, adapts to the new requirements of secrecy work in the new era, further strengthens the Party's unified leadership over secrecy work, adheres to problem-oriented approaches, improves secrecy management systems, and strengthens secrecy supervision measures. After modification, the revised draft has fully absorbed various opinions and is relatively mature. It is recommended to be deliberated and approved in a timely manner. Participants also proposed some specific amendments to the revised draft, and after research, some of these suggestions have been adopted.
The revised draft for the second deliberation has been modified according to the above opinions, and the Constitution and Law Committee proposes to submit it for deliberation and approval at this plenary session.
Please deliberate on whether the revised draft for the second deliberation and the above report are appropriate.
the National People’s Congress Constitution and Law Committee
February 26, 2024