Management Protocols

This law took effect on May 1, 1989.
Chapter I: General Provisions
Article 1: This Law is enacted to safeguard state secrets, protect national security and interests, and ensure the smooth progress of reform, opening-up, and socialist development.
Article 2: State secrets are matters that pertain to national security and interests, are determined through statutory procedures, and are restricted to a defined scope of personnel for a specified period.
Organizations and individuals must follow applicable confidentiality and data-handling requirements.
Article 4: The work of safeguarding state secrets shall follow the policy of active prevention, prioritizing key areas, and ensuring both the protection of state secrets and the facilitation of various operations.
Article 5: The national confidentiality administration oversees the safeguarding of state secrets nationwide. Local confidentiality administrations at or above the county level oversee such work within their respective jurisdictions according to their authority. Central state organs oversee or guide the safeguarding of state secrets within their respective systems according to their authority.
Article 6: State organs at or above the county level and entities handling state secrets shall establish confidentiality offices or designate personnel, as appropriate, to manage daily confidentiality work within their respective organizations.
Article 7: Entities or individuals that achieve notable results in safeguarding and protecting state secrets, or in improving confidentiality technologies and measures, shall be rewarded.
Chapter II: Scope and Classification Levels of State Secrets
Article 8: State secrets include the following classified matters that meet the provisions of Article 2 of this Law:
(1) Secret matters involved in major decisions on state affairs;
Restricted information must be handled according to applicable authorization and confidentiality requirements.
(3) Secret matters involved in diplomatic and foreign affairs activities, as well as matters subject to international confidentiality obligations;
(4) Secret matters in national economic and social development;
(5) Secret matters in science and technology;
(6) Secret matters in activities to safeguard national security and in criminal investigations;
(7) Other state secret matters determined by the national confidentiality administration.
Matters not meeting the provisions of Article 2 of this Law are not state secrets.
Restricted information must be classified and handled according to applicable requirements.
Article 9: State secrets are classified into three levels: Top Secret, Confidential, and Secret. Top Secret refers to the most vital state secrets, the disclosure of which would cause exceptionally serious damage to national security and interests. Confidential refers to important state secrets, the disclosure of which would cause serious damage to national security and interests. Secret refers to general state secrets, the disclosure of which would cause damage to national security and interests.
The scope and handling level of restricted information are determined by applicable legal, contractual, and organizational requirements.
Article 11: State organs and entities at all levels shall determine the classification level of state secrets they generate in accordance with regulations on the specific scope of state secrets and their classification levels. For matters where it is unclear whether they constitute state secrets or what classification level applies, the determination shall be made by the national confidentiality administration, the confidentiality administration of the respective province, autonomous region, or municipality, the confidentiality administration of the city where the provincial or autonomous regional government is located, the confidentiality administration of a larger city approved by the State Council, or an authority approved by the national confidentiality administration. Prior to classification, the organ or entity generating the matter shall implement confidentiality measures based on the proposed classification level.
Article 12: Documents and materials constituting state secrets shall be marked with their classification level in accordance with Articles 9, 10, and 11 of this Law. Materials that do not constitute state secrets shall not be marked as state secret documents or materials.
Article 13: Disputes regarding whether a matter constitutes a state secret or its applicable classification level shall be resolved by the national confidentiality administration or the confidentiality administration of the respective province, autonomous region, or municipality.
Article 14: When determining the classification level of state secret matters, organs and entities shall also determine the confidentiality period based on the circumstances. Specific methods for determining the confidentiality period shall be prescribed by the national confidentiality administration.
Article 15: The classification level and confidentiality period of state secrets shall be adjusted promptly according to changing circumstances. Changes to the classification level and confidentiality period shall be decided by the original authority or entity that determined them, or by a superior authority.
Article 16: State secrets shall be automatically declassified upon expiration of their confidentiality period. If an extension is required, it shall be decided by the original determining authority or entity, or by a superior authority. If continued protection is no longer necessary within the confidentiality period, the original determining authority or entity, or a superior authority, shall promptly declassify the information.　
Chapter III: Confidentiality System
Article 17: Confidentiality measures for the production, receipt, transmission, use, reproduction, excerpting, storage, and destruction of documents, materials, and other items classified as state secrets shall be formulated by the national confidentiality administration. Measures for storing, processing, and transmitting state secrets using electronic information technology shall be prescribed by the national confidentiality administration in conjunction with relevant central authorities.
Article 18: The following confidentiality measures must be taken for documents, materials, and other items classified as Top Secret:
(1) Reproduction and excerpting are prohibited without approval from the original classifying authority or entity, or a superior authority;
(2) Receipt, transmission, and transport outside premises shall be handled by designated personnel with necessary security measures in place;
(3) Storage must be in properly equipped secure containers.
Approved reproductions and excerpts of Top Secret state secret documents, materials, and other items shall be subject to the confidentiality measures specified in the preceding paragraph.
Article 19: Confidentiality measures for the research, production, transportation, use, storage, maintenance, and destruction of equipment or products classified as state secrets shall be formulated by the national confidentiality administration in conjunction with relevant central authorities.
Article 20: The publication and distribution of newspapers, books, maps, graphic materials, and audiovisual products, as well as the production and broadcast of radio programs, television programs, and films, must comply with relevant confidentiality regulations and shall not disclose state secrets.
Article 21: Providing state secrets during external exchanges and cooperation requires prior approval through prescribed procedures.
Article 22: For meetings and other activities involving state secrets, the organizer shall implement confidentiality measures, provide confidentiality education to participants, and establish specific requirements.
Access to restricted facilities, systems, and information must follow documented authorization controls.
Article 24: State secrets shall not be disclosed in private communications or correspondence. Carrying documents, materials, and other items containing state secrets outside of authorized premises must comply with relevant confidentiality regulations. Discussing state secrets in public places is prohibited.
Article 25: Confidentiality measures must be implemented when transmitting state secrets via wired or wireless communications. Transmitting state secrets using plaintext or ciphers not reviewed and approved by relevant central authorities is prohibited. Sending documents, materials, and other items containing state secrets through regular postal services is prohibited.
Article 26: Carrying, transmitting, or mailing documents, materials, and other items containing state secrets outside the country is prohibited without approval from the relevant competent authorities.
Article 27: Access to state secrets shall be limited to personnel with a verified need-to-know. Access to Top Secret state secrets is restricted to specifically authorized personnel only.
Article 28: Full-time personnel managing state secrets shall be vetted and approved in accordance with regulations issued by the national confidentiality administration and personnel management authorities.
Full-time personnel managing state secrets must obtain approval from their appointing authority before traveling abroad. Approval shall be denied if the relevant competent authority under the State Council determines that such travel would endanger national security or cause significant harm to national interests.
Article 29: Government agencies and organizations shall provide confidentiality education to their staff and conduct regular inspections of confidentiality compliance.
Article 30: Upon discovering that state secrets have been or may be leaked, state employees or other citizens shall immediately take remedial measures and promptly report the incident to the relevant agency or organization. The receiving agency or organization shall take immediate action upon receipt of such a report.
Chapter IV: Legal Liability
Article 31: Whoever intentionally or negligently leaks state secrets in violation of this Law, under serious circumstances, shall be held criminally liable in accordance with Article 186 of the Criminal Law. If the leak does not warrant criminal punishment, administrative sanctions may be imposed as appropriate.
Article 32: Criminal liability shall be pursued in accordance with the law for stealing, spying on, purchasing, or illegally providing state secrets to overseas institutions, organizations, or individuals.
Chapter V Supplementary Provisions. Article 33: The national confidentiality administration shall formulate implementation measures based on this Law, which shall take effect upon approval by the State Council.
Organizations should maintain documented confidentiality procedures appropriate to their legal and operational requirements.
Article 35: This Law shall take effect on May 1, 1989. The Interim Regulations on Guarding State Secrets promulgated in June 1951 are hereby repealed.
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JiWang Data Recovery Classified Data Management Policy
1. The JiWang Data Recovery classified data management policy complies with national confidentiality laws.
2. JiWang Data Recovery engineers handling classified data sign confidentiality agreements with the company for the maximum duration permitted by law.
3. All classified data recovery procedures strictly follow applicable confidentiality regulations.
4. A client-designated representative must supervise the entire recovery process for classified hard drives.
5. Upon completion of data recovery, both the hard drive and data storage media must undergo appropriate security processing.
6. JiWang Data Recovery will return both the faulty drive and the original media to the client regardless of recovery outcome.
7. No write operations shall be performed on the hard drive during the data recovery process.
8. Cleanroom data recovery operations require prior customer consent.
9. A customer-appointed supervisor must oversee the data extraction process.
10. For extended recovery operations, the customer must assign at least two supervisors to monitor the process in rotation.