The scope of confidential matters is the direct basis of the original secrecy of government organs and units, and it is the legal standard to distinguish state secrets from non-state secrets. Article 14 of the Secrecy Law clearly stipulates that organs and units shall determine the classification of state secrets according to the scope of confidential matters, and at the same time determine the confidentiality period and the scope of knowledge.
Article 12 of the Regulations on the Implementation of the Secrecy Law stipulates that when state secrets are generated, the undertaker shall draw up the classification, duration and scope of knowledge according to the scope of the relevant confidential matters, report them to the person in charge of confidentiality for examination and approval, and take corresponding security measures.
Specific requirements for the scope of use of confidential matters:
The confidentiality of government organs and units is mainly based on the Catalogue of the Scope of Confidential Matters. If there is no explicit provision in the catalogue, but it conforms to the circumstances stipulated in the text of the scope of confidential matters, it shall not be classified without authorization, and it shall be classified after explaining the situation to the organ that formulated the scope of confidential matters. Specifically:
1. The classification specified in the Scope of Confidential Matters is the confirmed classification. If the catalogue specifies the classification of related matters, it shall determine why the classification should not be higher or lower than the specified classification.
2. The confidentiality period specified in the scope of confidential matters is the longest period. Organs and units shall reasonably determine the maximum confidentiality period stipulated in the Catalogue, which shall not exceed the maximum confidentiality period; If the catalogue clearly stipulates the decryption conditions or decryption time, it shall be strictly observed.
3. The principle of relative scope of knowledge stipulated in the scope of confidential matters, organs and units should be limited to specific personnel according to specific state secrets and actual work needs, and if they cannot be limited to specific personnel, they should be limited to specific units, departments or posts.
4. The generation stipulated in the scope of confidential matters is a restriction on the right of confidentiality, not a stipulation on the subject of the matter. That is to say, only the corresponding matters generated by organs and units at the prescribed level within the scope of confidential matters can be classified, and organs and units that do not belong to the prescribed level cannot be classified even if they generate corresponding matters.