Law

Must read knowledge points! These leakage risks have been written into the latest confidentiality regulations

2025-03-06   

The essential knowledge points of this important regulation have undergone profound changes in the international and domestic situation, and confidentiality work is facing new situations and tasks. In order to adapt to the needs of the situation, the newly revised "Law of the People's Republic of China on Guarding State Secrets" has further improved the confidentiality management system and mechanism, and perfected the confidentiality management system. The revised "Implementation Regulations of the Law of the People's Republic of China on Guarding State Secrets" further refined the relevant institutional provisions of the Confidentiality Law and clarified the specific implementation measures of the Confidentiality Law. Let's review the essential knowledge points of the newly revised Regulations together, in order to clarify the direction for doing a good job in confidentiality work in the new era. ——Strengthen the Party's leadership over confidentiality work. The unified leadership of the Party over confidentiality work is the essential characteristic of confidentiality work and a summary of long-term practice and historical experience in confidentiality work. This revision of the Regulations has added special provisions on confidentiality under the control of the Party, further emphasized the adherence to and strengthening of the leadership of the CPC over confidentiality work, improved the system and mechanism of the Party's control of confidentiality work, clarified the specific responsibilities of the central leadership for confidentiality work and the local leadership for confidentiality work at all levels, and provided institutional guarantee for the implementation of the Party's and the country's confidentiality work strategies and major policies and measures, and better play to the political and organizational advantages of the Party's control of confidentiality work. ——More prominent scientific and precise classification. The Regulation further improves the system for formulating and revising the scope of confidential matters, clarifying the main contents that should be specified in the scope of confidential matters; Organs and units with clear classification authority shall formulate a list of state secrets and revise it in a timely manner to ensure the accuracy and scientificity of classification work from the source. As stipulated in Article 12 of the Regulations, the specific scope of state secrets and their classification levels should clearly define the name, classification level, confidentiality period, scope of knowledge, and level of generation of specific matters related to state secrets. ——Further refine the confidentiality subject's responsibilities. The Regulations have refined the responsibility system for confidentiality work, further emphasizing the main responsibility of confidentiality work of government agencies and units, and clarifying the specific work responsibilities of confidentiality administrative management departments in promoting confidentiality technology innovation, conducting confidentiality publicity education, and strengthening talent team construction. As stipulated in Article 6 of the Regulations, government agencies and units shall implement a confidentiality work responsibility system and assume the main responsibility for confidentiality work of their own agencies and units. The main person in charge of the organization or unit is responsible for the overall confidentiality work of the organization or unit. The person in charge of confidentiality work and the person in charge of business work are responsible for leading the confidentiality work within their scope of responsibilities, and the staff are directly responsible for the confidentiality work of their position. Organs and units should strengthen the construction of confidentiality work forces. Central state organs should establish confidentiality work agencies and appoint full-time confidentiality cadres. Other organs and units should establish confidentiality work agencies or designate personnel specifically responsible for confidentiality work according to the needs of confidentiality work. ——Pay more attention to scientific and technological innovation and protection. With the popularization and application of information technology, the form of state secrets is becoming increasingly digitized and networked. The challenges faced in terms of leakage, theft, and anti theft are gradually reflected in the competition and confrontation of scientific and technological capabilities. The Regulation has made clear provisions on strengthening the innovation and protection of confidential science and technology, proposing to encourage and support the research and application of confidential science and technology; Pay attention to the confidentiality management of information equipment and information systems; Refine and clarify the management requirements for security and confidentiality products and technical equipment. As stipulated in Article 7 of the Regulations, confidentiality administrative departments at or above the provincial level shall promote independent innovation in confidentiality science and technology, promote the research and development of key confidentiality science and technology products, and encourage and support the research and application of confidentiality science and technology. Article 64 of the Regulations stipulates that the confidentiality administrative departments at or above the city level with districts shall establish a monitoring and early warning system, analyze and judge the relevant situation of confidentiality work, equip monitoring and early warning facilities and corresponding work forces, discover, identify and dispose of security and confidentiality risks and hidden dangers, and issue timely warning notices. ——More standardized management of network information and data confidentiality. With the rapid development and widespread application of informatization and digitization, the difficulty of managing state secrets continues to increase, and the importance of network information and data confidentiality management is becoming increasingly prominent. The Regulations further standardize the management of network information and data confidentiality, clarify the requirements for the use of the Internet and electronic equipment by the staff of organs and units, clarify the network operator's obligation to cooperate with the investigation of confidentiality violations and early warning events implemented according to law, and improve the data confidentiality management system. For example, Article 41 of the Regulations stipulates that organs and units should strengthen the confidentiality management of Internet use. Staff members of government agencies and units using intelligent terminal products shall comply with national confidentiality regulations and shall not violate relevant regulations by using non confidential information systems or equipment to store, process, or transmit state secrets. ——Further refined the management requirements for confidential personnel. The management of confidential personnel is an important and crucial aspect of confidentiality management. The Regulations summarize the practical experience of managing classified personnel over the years, further refine the requirements for managing classified personnel, and require the establishment of a "full cycle" management system for classified personnel. Detailed provisions are made for the confidentiality review and regular review of classified personnel before they take up their posts, confidentiality management and education training during their employment, procedures and requirements for leaving the post, and management during the declassification period. As stipulated in Article 52 of the Regulations, when personnel involved in classified matters leave the country, opinions shall be put forward by the personnel department and confidentiality work agency of the organization or unit, and approval shall be carried out in accordance with the personnel and foreign affairs approval authority. Confidential personnel leaving the country should undergo confidentiality education and training, and promptly report relevant situations abroad. (New Society)

Edit:Ou Xiaoling Responsible editor:Shu Hua

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