Today we work together to learn about confidential qualifications, to strengthen confidentiality awareness and to establish secure lines of confidentiality。
Article of the law link
Article 41, paragraph 2, of the secrecy act: enterprises engaged in state secret operation, reproduction, maintenance, destruction, integration of classified information systems, scientific production of weapons and equipment, or the construction of military facilities, which involve state secret operations, shall be subject to review and approval and shall obtain confidential qualifications。
“secretified qualification” means the ability of an enterprise enterprise to engage in a confidential business to be authorized to perform such business and its corresponding qualifications, as determined by the confidential administrative authority in accordance with the law. The secret administration, either individually or in conjunction with the relevant authorities, exercises confidential management of the business enterprises involved in state secrecy, such as the operation, reproduction, maintenance and destruction of state secrets, the integration of classified information systems, the scientific production of weapons and equipment, and the construction of military installations。
“examination approval” means the review, inspection and confirmation by the confidential administration, either alone or in conjunction with the authorities concerned, of the conditions, qualifications, qualifications and qualifications of the enterprise's undertakings in relation to the conduct of a confidential business, in accordance with the relevant regulations and procedures. The main elements of the review include the nature of the enterprise enterprise unit, institution-building of confidential organizations, confidentiality systems and regulatory measures, safeguards of confidentiality, capital formation, personnel, etc. Reviews are generally carried out through written and on-site reviews. Written reviews are conducted primarily through the review of written submissions submitted by the requesting unit to determine whether the applicant is eligible for the application and whether an on-site review is conducted; on-site reviews are primarily directed at the requesting unit's ability to manage confidentiality, conduct on-site validation and verification in accordance with the rules governing confidential qualifications, rating criteria and review procedures, and make determinations as to whether the criteria are met。
Article 60 of the secrecy act: an enterprise enterprise which obtains a confidential qualification violates the requirements of state confidentiality, with a time limit fixed by an order of the confidential administration, warning or informing of criticism; if there is an unlawful gain, confiscation of the illicit proceeds; if the circumstances are serious, suspension of the confidential business and lowering of the qualification; if the circumstances are particularly serious, revocation of the confidential qualification。
If the secret administration finds that the enterprise enterprise has not obtained a confidential qualification and is engaged in a confidential business in violation of article 41, paragraph 2, of the act on confidentiality, it may take such measures as ordering the cessation of the confidential business, warning, informing criticism and confiscating the proceeds of the offence。
Typical cases
Case 1: an information technology company contracted the construction and delivery services of a confidential unit's electromagnetic shielding system, which was responsible for the project's transport staff, chen zhi, and subsequently established a new company to promote and promote the civ project as an individual's past performance, publicly online, resulting in leaking the information involved. After the incident, chen was ordered to remove performance promotions, suspend operations and make special modifications, while being punished by the authorities in accordance with the law。
Case 2: a paper factory breached the duty to undertake a unit-related document destruction operation, causing the risk of leaking the classified information because the power outage resulted in long-term storage of confidential documents and unclassified documents in a workshop. Following the incident, the persons responsible were subject to administrative sanctions and the paper mill was ordered to cease the business and to be notified of the criticism。
Secret alarm
State secret security is a matter of national security and interest, and confidentiality qualifications are a “hard threshold” for the project involved, and more so a “letter of commitment” for the duty of confidentiality. An enterprise undertaking or commissioning of a confidential business requires qualification matching and operational compliance, an enterprise needs to be able to identify the scope of its own qualification, and an agency needs to verify its qualifications and implement process management. Only then can the risk of secrecy be protected from the source。
A test of confidentiality
1. (on a stand-alone basis) a violation of confidentiality laws and regulations and state secrecy by an enterprise enterprise that obtains a confidential qualification does not include cases in which it is subject to a penalty for the withdrawal of a confidential qualification (...)。
A. Conversion, sale, lease, loan of confidential certificates
B. Other business requiring confidential qualifications beyond the category of confidential qualifications
C. Refusals, evasions and impediments to confidential inspection
D. Suspension of new confidential operations during the period of the operation
2. (multiple selection) business enterprises that have obtained confidential qualifications violate confidentiality laws and regulations and state secrecy regulations, and the secrecy administrative authorities may impose penalties in light of the circumstances。
Warning, notification of criticism
B. Declining qualifications and disqualifications
C. Confiscation of proceeds of crime
3. (assumption) business enterprises that have obtained a confidential qualification violate the requirements of state secrecy, and the secret administration may impose penalties depending on the circumstances. ( )
Reference answer: 1. B. 2. A. B. C. 3
