China expands state secrets oversight with revised law

China has introduced new regulations aimed at enhancing the protection of sensitive information, including stricter screening for government officials handling state secrets.

These rules implement the recently overhauled Law on Guarding State Secrets, which has seen its most significant revision in a decade, expanding its coverage considerably, Caliber.Az reports citing the foreign media.

The regulations serve as a guideline for officials across China’s extensive government sector. This move comes in response to concerns that foreign entities might access critical data on China, including political, economic, and environmental information. Some 74 articles in the new regulations address the numerous updates made to the state secrets law, which went into effect in May.

Under the new regulations, leaders of government departments responsible for determining state secrets will be tasked with defining what constitutes a state secret within their areas of jurisdiction. These officials must compile a “list of state secrets” and undergo specialized training to effectively identify and safeguard such information.

All central Communist Party and government bodies are mandated to establish dedicated offices for managing state secrets, with staff exclusively focused on overseeing their protection. Additionally, departments must identify roles involved with handling secrets, screen candidates for these positions, and provide ongoing confidentiality training.

Employees who manage state secrets are prohibited from traveling abroad without prior authorization. These restrictions apply even after an employee leaves their role, and in some cases, may be permanent.

The revised regulations also detail protocols for handling top-level state secrets, including the appointment of specialized personnel for the receipt and dispatch of such information. At least two individuals must be present when transporting these items, which are restricted to designated areas for access, reading, and use. Additionally, copying or downloading these items is prohibited.

Effective from September, the regulations encourage the development of advanced security and confidentiality technologies, urging manufacturers to innovate with new methods and processes. Those who make significant contributions to these technologies will be eligible for rewards.

Companies must secure specific qualifications to engage in state secret-related projects, and all personnel in these roles must be Chinese nationals. According to Xinhua, as state secrets increasingly become digital and internet-based, the risks of leaks and theft are growing more complex. Protecting these secrets is described as a “competition and confrontation of science and technology,” as noted by officials from the Ministry of Justice and the National Administration of State Secrets Protection.

Under the revised Law on Guarding State Secrets, the National Administration of State Secrets Protection and its branches have been granted broader authority to investigate cases related to state secrets across various sectors, including education, technology, internet use, and the military.

In February, Li Zhaozong, head of the administration, emphasized the need for a “more scientific and comprehensive” national secrets management system to ensure that “information security work extends to all areas of national security.” This directive aligns with President Xi Jinping's call last year for addressing increasingly complex security concerns and preparing for “worst-case and most extreme scenarios.”