CHI PRL Law on Guarding State Secrets


On Oct. 25, CHI PRL solicited opinions re critical information security.


  • CHI PRL solicited opinions on Law on guarding state secrets, re information security.
  • Follows CHI PRL Apr. 2023 published counter-espionage law of China, see #177795.
  • Draft Law
  • Defines State secrets as matters related to national security and interests, determined in accordance with legal procedures, and restricted to a certain range of persons/time.
  • Adds provisions on the party’s control over all matters related to information security.
  • Requires network operators to strengthen information management; if information released online is suspected of leaking state secrets, it should be ceased immediately.
  • Enterprises and institutions that conduct business involving confidential information must obtain confidentiality qualifications, after review and approval by the authorities.
  • Departure from the country must be approved by relevant departments, for personnel working with confidential information; if it is believed that departure of such personnel will harm national security or seriously affect national interests, exit will not be allowed.
  • Effectiveness
  • Consultation is open for 30 days.
  • Feb. 2024 Law Adopted
  • On Feb. 27, 2024, CHI PRL issued a report to summarize the opinions suggested at the sixth meeting of the Standing Committee of the 14th National People's Congress.
  • Including that scope of confidential matters shall be determined in accordance with the principles of necessity and reasonableness; discusses compensation for confidential personnel whose legitimate rights and interests are affected when they leave their post.
  • The revised Law on guarding state secrets was passed, effective from May 1, 2024.
  • In Mar. 2024, HK PRL introduced the safeguarding national security bill, see #203703.

Regulators CHI PRL
Entity Types Corp
Reference RN President's Order No. 2 (2024), 2/27/2024; CP, 10/25/2023
Functions Compliance; Cyber; Legal; Privacy; Technology; Treasury
Countries China; Cross-Border
Category
State
Products Corporate
Regions AP
Rule Type Final
Rule Date 10/25/2023
Effective Date 5/1/2024
Rule Id 189384
Linked to Rule :177795
Reg. Last Update 2/27/2024
Report Section International

Last substantive update on 02/29/2024