STATE SECRETS: CHINA'S LEGAL LABYRINTH - HRIC

Organs and Bodies Responsible for Classification
16 HUMAN RIGHTS IN CHINA STATE SECRETS: CHINA’S LEGAL LABYRINTH
The primary responsibility for the administration of the state secrets framework
and the designation of state secrets falls to the NAPSS, a functioning organ of the
State Council, 50 with the exception of the administration of military secrets, which
is the responsibility of the Central Military Commission. 51 The PRC Constitution
notes that the responsibility for keeping state secrets falls to all Chinese citizens,
though personnel in state secrets departments are governed with specific sets of
regulations. 52
The NAPSS has authority over the drafting of state secrets laws and regulations, is
responsible for inspecting and classifying state secrets protection work on a
national level, and organizes the implementation of the framework, including
technology in the service of state secrets work. 53 The NAPSS has authority at the
national level, and as a government organization is separate from the subordinate
party organization of the Central Committee of the CPC—the Central Committee
for the Protection of State Secrets. State secrets bodies and Party committees are
then established in provincial and city level governments, as well as in other substantive
organs according to their functions. 54 As a result, both state secrets bureaus
and offices within other departments at every level have the authority to designate
state secrets, and the responsibility to protect them. 55
The state secrets system is the operational means for various central state agencies
to route and maneuver information within their respective departments. Through
the enabling mechanisms of the state secrets laws, state (and Party) organs are able
to codify their systems for information distribution by issuing their own regulations
classifying specific types of information—from religious affairs to family
planning to land management. 56
These numerous bureaus have responsibilities to designate and protect secrets in
accordance with the State Secrets Law. However, all state organs and units at all levels
of government have responsibility for the primary classification where state
secrets matters “arise.” 57 Corresponding to a traditional hierarchy, central state
organs are responsible for guiding secrets protection work in their own scope of
work, 58 while departments at the county level and above actually administer
(through setting up bodies or designating personnel) the daily work of protecting
state secrets within their own organs or units.” 59