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The work reports of the two sessions transmit security and confidentiality signals, and these laws and regulations also clarify the confidentiality requirements.

2024-03-29

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On March 11, with the closing of the fifth session of the 14th National people's Congress in the Great Hall of the people in Beijing, this year's two sessions came to an end. During this period, the work reports of the two sessions delivered many security and confidentiality signals. As clearly stated in the work report of the Standing Committee of the National People's Congress: "Improve national security legislation. Enact a food security guarantee law to consolidate the foundation of the rule of law for food security in all directions. Revise the anti-espionage law to enrich the legal toolbox for the fight against anti-infiltration, anti-subversion and anti-theft. Revise the law on the protection of state secrets and improve the confidentiality management system and regulatory measures."

 

Today, the "concept of confidentiality" will take you to understand what important security and confidentiality provisions are clearly defined in the laws, administrative regulations and departmental rules implemented in 2023.

Secrecy provisions in law

1"the People's Republic of ChinaLaw on the Protection of Rights and Interests of Women

Effective January 1, 2023

The first paragraph of Article 72 stipulates that any organization or individual has the right to dissuade or stop acts that infringe upon the legitimate rights and interests of women, or to file charges or report to the relevant departments. After receiving a complaint or report, the relevant department shall handle it in a timely manner in accordance with the law and keep it confidential for the accusers and informants.

 

2"the People's Republic of ChinaReservists Act

Effective from 1 March 2023

The third paragraph of Article 8 stipulates that relevant departments, units, and individuals shall keep confidential the state secrets, military secrets, personal privacy, and personal information learned by reserve personnel in the course of their work, and shall not disclose or illegally provide them to others.

 

3"the People's Republic of ChinaWildlife Protection Act

Effective from May 1, 2023

The third paragraph of Article 37 stipulates that the export of wild animal species involving scientific and technological confidentiality shall be handled in accordance with the relevant regulations of the State Council.

 

4the People's Republic of China Counterespionage Act

Effective July 1, 2023

The second paragraph of Article 11 stipulates that personal and organizational information obtained by state security organs and their staff in performing their duties of counter-espionage work in accordance with the law can only be used for counter-espionage work, and those belonging to state secrets, work secrets, trade secrets and personal privacy and personal information shall be kept confidential.

The second paragraph of Article 16 stipulates that the state security organs shall disclose to the public the telephone number, mailbox and network platform for accepting reports, handle the reported information in a timely manner according to law, and keep the whistleblower confidential.

 

Secrecy Provisions in Administrative Regulations

1The Chinese People's Liberation ArmyCivilian Personnel Regulations

Effective January 1, 2023

Article 11 stipulates that civilian personnel shall perform the duty of keeping secrets.

Article 43 stipulates that employers shall strengthen the safety management and confidentiality education of civilian personnel, and manage civilian personnel in secret-related positions in accordance with relevant state and military regulations.

Article 64 stipulates that civilian personnel who hold positions in special positions involving core and important military secrets or who leave the above-mentioned positions and are dissatisfied with the time limit for the release of secrets set by the military shall not resign or unilaterally terminate their employment contracts.

 

2Regulations on Conscription Work

Effective from May 1, 2023

The second paragraph of Article 7 stipulates that the relevant departments of conscription work and their staff shall keep the personal information collected confidential in accordance with the law, and shall not disclose or illegally provide it to others.

 

3Regulations on the Administration of Commercial Passwords

Effective July 1, 2023

Article 47 stipulates that commercial password detection and certification institutions and e-government electronic certification service institutions and their staff shall bear the obligation of confidentiality of state secrets and commercial secrets known to them in commercial password activities.

Password management departments and relevant departments and their staff shall strictly keep confidential the business secrets and personal privacy they know in the performance of their duties, and shall not disclose or illegally provide them to others.

 

4Regulations on the Administration of Ocean Observation and Forecast

Effective July 20, 2023

The third paragraph of Article 17 stipulates that the collection, storage, storage, sharing and use of ocean observation data shall comply with the provisions of laws and regulations on guarding state secrets.

Article 20 stipulates that no unit or individual may provide international organizations, foreign organizations or individuals with marine observation data and results that are state secrets; if it is really necessary, it shall be reported to the competent marine department of the State Council or the coastal provinces, autonomous regions, and municipalities directly under the Central Government. The competent marine department shall seek the opinions of the relevant departments of the people's government at the corresponding level before approval, which involves military secrets, the consent of the relevant military organs should also be obtained.

 

5 The the People's Republic of ChinaInvoice Management Measures

Effective July 20, 2023

Article 6 stipulates that any unit or individual may report any violation of the invoice management regulations. The tax authorities shall keep the informants confidential and reward them as appropriate.

Article 8 stipulates that enterprises printing invoices shall have a sound confidentiality system.

 

6Regulations on the Supervision and Administration of Private Investment Funds

Effective September 1, 2023

The third paragraph of Article 33 stipulates that the registration and filing institution shall keep confidential the investment and operation of private equity funds and other information, and shall not provide it to the outside world unless otherwise provided by laws and administrative regulations.

 

Secrecy provisions in departmental regulations

1 Measures for the Administration of Ecological Environment Statistics

Effective January 18, 2023

Article 7 stipulates that one of the responsibilities of comprehensive ecological environment statistics institutions at all levels is to undertake the confidentiality of ecological environment statistics.

Article 8 stipulates that the functional agencies of the competent ecological environment departments at all levels that undertake the relevant ecological environment statistical investigation tasks are responsible for the statistical work within their business scope, and one of their responsibilities is to undertake the confidentiality of relevant ecological environment statistics.

 

2Provisions on Examination of Concentration of Undertakings

Effective April 15, 2023

Article 15 stipulates that the applicant shall mark the trade secrets, undisclosed information, confidential business information, personal privacy or personal information in the declaration documents and materials, and submit the public version and confidential version of the declaration documents and materials at the same time. The application documents and materials shall be in Chinese.

Article 51 stipulates that before the completion of the divestiture, in order to ensure the survival, competitiveness and marketability of the divestiture business, the obligations of the divestiture obligor include: not to implement any behavior that may adversely affect the divestiture business, Including hiring key employees of the divestiture business, obtaining trade secrets or other confidential information of the divestiture business, etc.

Article 57 stipulates that any unit or individual has the right to report to the General Administration of Market Supervision on suspected illegal implementation of concentration of business operators. The General Administration of Market Supervision shall keep the whistleblower confidential.

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The State Administration of Market Supervision shall strictly keep confidential the state secrets learned in the handling of reports and the information that may endanger national security, public security, economic security, and social stability after being disclosed.

Paragraph 1 of Article 74 stipulates that staff members of anti-monopoly law enforcement agencies who abuse their power, neglect their duties, engage in malpractices for personal gain, or disclose trade secrets, personal privacy and personal information known in the course of law enforcement shall be dealt with in accordance with relevant provisions.

 

3Provisions on the Suppression of Abuse of Administrative Power to Exclude or Restrict Competition

Effective April 15, 2023

Article 12 stipulates that any unit or individual has the right to report to the anti-monopoly law enforcement agency for suspected abuse of administrative power to exclude or restrict competition. The Anti-Monopoly Law Enforcement Agency shall keep the whistleblower confidential.

 

4 Measures for the Implementation of Administrative Penalties by the Ministry of Science and Technology

Effective April 20, 2023

Article 4 stipulates that the Ministry of Science and Technology and relevant personnel involved in the handling of cases shall keep confidential the state secrets, trade secrets and personal privacy learned in the process of implementing administrative penalties in accordance with the law.

 

5 Measures for the Administration of Information Disclosure of Personal Insurance Products

Effective June 30, 2023

Article 10 stipulates that if the product information materials of an insurance company are not disclosed due to state secrets, trade secrets and personal privacy, there shall be sufficient basis for identification and perfect confidentiality measures.

 

6Measures for the Administration of Legal Dispute Cases of Central Enterprises

Effective August 1, 2023

Article 30 stipulates that central enterprises shall play a leading role in the process of handling cases, strengthen the guidance and supervision of legal service intermediaries, effectively integrate internal and external resources, keep abreast of progress in a timely manner, and earnestly strengthen the examination and control of major matters. strictly implement the requirements of confidentiality management.

 

7Measures for the Supervision of Grain Quality and Safety

Effective October 1, 2023

The first paragraph of Article 45 stipulates that if the grain quality and safety inspection institutions and inspectors affiliated to the grain and reserve administrative departments at or above the county level violate the confidentiality provisions and disclose or provide inspection reports to others without the consent of the entrusting party, the grain and reserve administrative departments at or above the county level shall punish the relevant units and personnel according to their duties; if the circumstances are serious, they shall be included in the national credit information sharing platform according to law.

 

8 Provisions on the Management of Enterprise Archives

Effective October 1, 2023

Article 55 stipulates that the enterprise electronic file management information system shall meet the requirements of national security and confidentiality, have the basic functions of collection, sorting, preservation, utilization, identification and disposal, statistics, format conversion, audit, backup, system management, etc., and connect with other enterprise information systems, standardize operation and regular maintenance.

 

Article 61 stipulates that the management of electronic archives shall implement all-round security and confidentiality measures to ensure the safety of electronic archives.

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Article Source: Confidentiality View

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